traffic rules on public roads, in residential areas and in traffic zones;
2)
the rules and conditions for admitting vehicles to this traffic, as well as the activities of the competent authorities and entities in this regard;
3)
requirements towards road users other than vehicle drivers;
4)
rules and conditions of road traffic control.
2.
The provisions of the Act also apply to traffic taking place outside the places mentioned in paragraph 1 point 1, in the scope of:
1)
necessary to avoid endangering the safety of persons;
2)
resulting from road signs and signals.
3.
The tasks of the voivodeship self-government referred to in Articles 75aa-75ac, Article 140g Provincial Road Safety Council , paragraph 2, Article 140i Composition of the Provincial Road Safety Council and Article 140k Service of the Provincial Road Safety Council constitute tasks within the scope of government administration.
Art. 2. Explanation of terms
The terms used in the Act mean:
1)
road – road within the meaning of Article 4, catalogue of statutory terms, point 2 of the Act of 21 March 1985 on public roads (Journal of Laws of 2024, item 320);
1a)
public road – road within the meaning of Article 1 of the concept of public road of the Act of 21 March 1985 on public roads;
1b)
internal road – internal
road within the meaning of Article 8, paragraphs 1 and 1 of the Act of 21 March 1985 on public roads;
2)
(repealed)
2a)
dirt road – a road with a carriageway with a surface made of native or filled soil, mechanically or chemically improved, in which the top layer may be made of natural, artificial or recycled aggregate;
2b)
hard surface road – a road that is not a dirt road;
3)
motorway – a motorway within the meaning of Article 4, Catalogue of Statutory Terms, Point 11 of the Act of 21 March 1985 on Public Roads, marked with appropriate road signs, intended only for motor vehicle traffic, excluding quadricycles, which on an even, horizontal roadway can reach a speed of at least 40 km/h, including when towing trailers;
4)
expressway – an expressway within the meaning of Article 4, Catalogue of Statutory Terms, Point 10 of the Act of 21 March 1985 on Public Roads, marked with appropriate road signs, intended only for motor vehicle traffic, excluding quadricycles;
4a)
pedestrian route – a road or part of a road intended for the movement of pedestrians and persons moving using a traffic support device and for performing other functions, in particular stopping or parking vehicles;
4b)
pedestrian and bicycle path – a road or part of a road, marked with appropriate road signs, intended for the movement of pedestrians, persons moving using a mobility aid, bicycles, electric scooters and personal transport devices;
5)
bicycle path – a road or part of a road that is not a carriageway, marked with appropriate road signs, intended for the movement of bicycles, electric scooters and personal transport devices, as well as for persons moving using a movement support device and pedestrians, in cases provided for in the Act;
5a)
bicycle lane – part of the road intended for bicycle traffic in one direction, marked with appropriate road signs;
5b)
bicycle lock – part of the road at the entrance to an intersection, along the entire width of the road or selected lane, intended for stopping bicycles in order to change direction or give way, marked with appropriate road signs;
6)
roadway – roadway within the meaning of Article 4, Catalogue of Statutory Terms, point 5 of the Act of 21 March 1985 on Public Roads;
7)
traffic lane - each of the longitudinal road strips sufficient for the movement of one row of multi-track vehicles, marked or not with road signs;
8)
roadside – a part of the road situated next to the carriageway, which may be intended for pedestrian or certain vehicle traffic, parking of vehicles, riding or driving animals;
9)
sidewalk – part of a pedestrian route intended exclusively for pedestrians and persons moving using a traffic support device;
10)
intersection – a part of a road that is a connection of roads or carriageways of one road at one level, with the exception of a connection of a hard-surface road with a dirt-surface road or with an internal road;
10a)
significant damage – damage to the elements of the load-bearing, braking or steering system of the vehicle, affecting road safety, qualifying the vehicle for additional technical inspection and confirmed by the Insurance Guarantee Fund or by the insurance company in connection with the received notification of damage under the concluded insurance contract, referred to in section II, groups 3 and 10 of the annex to the Act of 11 September 2015 on insurance and reinsurance activities (Journal of Laws of 2024, item 838);
11)
pedestrian crossing – the surface of a road, cycle path or track intended for pedestrians to cross, marked with appropriate road signs;
11a)
suggested crossing – an unmarked, technically adapted place enabling pedestrians to cross a road, bicycle path or railway track, which is not a pedestrian crossing;
12)
bicycle crossing – the surface of a road or track intended for crossing these parts of the road by persons riding bicycles, electric scooters and personal transport devices, as well as persons moving using a movement support device, marked with appropriate road signs;
13)
stop - a place where public transport vehicles stop, marked with appropriate road signs;
14)
tunnel – a structure intended to carry a road through or under an obstacle, marked with appropriate signs;
15)
built-up area - an area marked with appropriate road signs;
16)
residential zone - an area including public roads or other roads where special traffic rules apply, and entries and exits are marked with appropriate road signs;
16a)
traffic zone - an area covering at least one internal road, the entries and exits of which are marked with appropriate road signs;
17)
road user – a pedestrian, a person moving using a traffic support device, a driver, as well as other persons in or on a vehicle on the road;
18)
pedestrian – a person who is outside a vehicle on the road and does not perform any works or activities on it as stipulated in separate regulations; a pedestrian is also considered to be a person driving, pulling or pushing a bicycle, moped, motorcycle, electric scooter, personal transport device, mobility aid, pram, pushchair or wheelchair, a person in a wheelchair, as well as a child up to 10 years of age riding a bicycle under the supervision of an adult;
18a)
movement support device – a device or sports and recreational equipment designed to help a person move in a standing position, powered by muscle power;
19)
column of pedestrians - an organized group of pedestrians led by a leader or commander;
20)
driver - a person who drives a vehicle or a set of vehicles, as well as a person who leads a column of pedestrians, rides on horseback or drives animals individually or in a herd;
21)
driver - a person authorized to drive a motor vehicle or moped;
21a)
driver candidate profile – driver candidate profile within the meaning of Art. 2, explanation of terms, point 3 of the Act of 5 January 2011 on vehicle drivers (Journal of Laws of 2023, items 622, 1123, 1234, 1312, 1560 and 1872);
21b)
professional driver profile – professional driver profile within the meaning of Article 2, explanation of terms, point 4 of the Act of 5 January 2011 on vehicle drivers;
22)
special caution - caution consisting in increasing attention and adapting the behaviour of a road user to the changing conditions and situations on the road, to the extent that allows for a sufficiently quick reaction;
23)
giving way – refraining from movement if the movement could force the driver to change direction or lane or significantly change speed, a pedestrian – to stop, slow down or speed up, and a person moving using a movement support device – to stop, change direction or significantly change speed;
24)
directed traffic - traffic opened and closed by traffic lights or by an authorized person;
25)
insufficient visibility - visibility occurring from dusk to dawn, as well as in conditions of reduced air transparency from dawn to dusk;
26)
passing - passing (passing) next to a vehicle or traffic participant moving in the opposite direction;
27)
passing - passing (passing) next to a stationary vehicle, road user or obstacle;
28)
overtaking - passing (passing) next to a vehicle or traffic participant moving in the same direction;
29)
vehicle stoppage - immobilisation of a vehicle not resulting from road traffic conditions or regulations, lasting no longer than 1 minute, and any immobilisation of a vehicle resulting from these conditions or regulations;
30)
vehicle stoppage - immobilisation of the vehicle not resulting from road traffic conditions or regulations, lasting longer than 1 minute;
31)
vehicle – a means of transport intended for movement on the road and a machine or device adapted for this purpose, with the exception of a movement support device;
32)
motor vehicle – a vehicle equipped with an engine, with the exception of a moped, rail vehicle, bicycle, bicycle stroller, electric scooter, personal transport device and wheelchair;
33)
motor vehicle - a motor vehicle designed to travel at a speed exceeding 25 km/h; this term does not include an agricultural tractor;
34)
slow-moving vehicle - a motor vehicle whose design limits the speed to 25 km/h, excluding an agricultural tractor;
35)
articulated vehicle - a set of vehicles consisting of a motor vehicle coupled to a semi-trailer;
35a)
non-standard vehicle - a vehicle or a combination of vehicles whose axle loads with or without cargo, dimensions or actual total weight with or without cargo are greater than the permissible values ​​provided for in the provisions of this Act;
35b)
indivisible cargo – cargo that cannot be divided into two or more smaller cargoes without disproportionately high costs or risk of damage;
35c)
pilot – a person responsible for ensuring road safety and minimizing traffic disruptions during the vehicle’s journey;
36)
special vehicle - a motor vehicle or trailer intended to perform a special function that requires the bodywork to be adapted or special equipment to be fitted; this vehicle may carry persons and items related to the performance of this function;
37)
vehicle used for special purposes – a motor vehicle specially adapted to the transport of persons or cargo, used by the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the State Protection Service, the Border Guard, the Customs and Tax Service, fire protection units, the Road Transport Inspectorate and the Prison Service;
38)
emergency vehicle - a vehicle emitting light signals in the form of blue flashing lights and simultaneously sound signals with a variable tone, driving with dipped or main beam headlights on; this term also covers vehicles driving in a column at the beginning and end of which there are emergency vehicles additionally emitting light signals in the form of red flashing lights;
39)
historic vehicle - a vehicle that has been entered into the register of monuments pursuant to separate provisions or is included in the provincial register of monuments, as well as a vehicle entered into the inventory of museum exhibits, in accordance with separate provisions;
40)
passenger car - a motor vehicle designed to carry no more than 9 persons including the driver and their luggage;
41)
bus - a motor vehicle designed to carry more than 9 people including the driver;
41a)
school bus - a bus intended for transporting children to school, orange in colour, marked at the front and rear with rectangular white plates, with the inscription "school bus" in black;
42)
truck - a motor vehicle designed for the transport of goods; this term also includes a truck-passenger car designed for the transport of goods and 4 to 9 persons, including the driver;
42a)
motor tractor - a motor vehicle designed solely for towing a trailer; this term includes a truck tractor and a ballast tractor;
42b)
quadricycle - a motor vehicle intended for the transport of persons or goods, excluding passenger cars, trucks and motorcycles, the unladen weight of which does not exceed:
a) in the case of transporting goods 550 kg,
b) in the case of transporting persons 400 kg;
42c)
light quadricycle - a quadricycle whose weight does not exceed 350 kg and whose design limits the speed to 45 km/h;
43)
taxi – a motor vehicle, appropriately equipped and marked, intended for the transport of no more than 9 persons including the driver and their hand luggage for a fee determined on the basis of:
a) a taximeter or
b) a mobile application referred to in Art. 13b mobile application for settling the fee for the transport of persons by passenger car of the Act of 6 September 2001 on road transport (Journal of Laws of 2024, items 728 and 731);
44)
agricultural tractor – a motor vehicle designed to reach a speed of not less than 6 km/h, designed for use with agricultural, forestry or horticultural equipment; such a tractor may also be adapted for towing trailers and for earthworks;
45)
motorcycle – a two-wheeled motor vehicle of category L3e or a two-wheeled motor vehicle with a side-car of category L4e, or a three-wheeled motor vehicle of category L5e with symmetrical wheel arrangement, meeting the classification criteria for vehicles of category L3e or L4e or L5e, respectively, referred to in Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheeled vehicles and quadricycles (OJ EU L 60, 2.03.2013, p. 52, as amended);
46)
moped - a two- or three-wheeled vehicle equipped with an internal combustion engine with a displacement not exceeding 50 cm3 or with an electric motor with a power of not more than 4 kW, the design of which limits the speed to 45 km/h;
47)
bicycle - a vehicle with a width not exceeding 0.9 m, propelled by the muscles of the person riding the vehicle; a bicycle may be equipped with an electric drive activated by pressing on the auxiliary pedals, supplied with a voltage of not more than 48 V, with a rated continuous power of not more than 250 W, the output power of which decreases gradually and falls to zero after exceeding the speed of 25 km/h;
47a)
bicycle trolley - a vehicle with a width of more than 0.9 m intended for the transport of persons or goods, propelled by the muscles of the person riding the vehicle; the bicycle trolley may be equipped with an electric drive activated by pressing on the auxiliary pedals, supplied with a voltage of no more than 48 V, with a rated continuous power of no more than 250 W, the output power of which decreases gradually and falls to zero after exceeding the speed of 25 km/h;
47b)
electric scooter – an electrically powered, two-axle vehicle with a steering wheel, without a seat or pedals, designed to be ridden solely by the driver on the vehicle;
47c)
personal transport device – an electrically powered vehicle, excluding electric scooters, without a seat and pedals, designed to be moved only by the driver on the vehicle;
48)
wheelchair - a vehicle designed for the movement of a disabled person, propelled by muscle power or an engine, the design of which limits the speed of travel to the speed of a pedestrian;
49)
combination of vehicles - vehicles coupled together for the purpose of moving on a road as a whole; this does not apply to vehicles coupled together for the purpose of towing;
49a)
tourist train - a set of vehicles consisting of an agricultural tractor whose design limits the speed to 25 km/h, or a slow-moving vehicle, and a trailer (trailers) adapted to the transport of persons, used as part of the business of providing tourist services;
50)
trailer - a vehicle without an engine, adapted to be coupled to another vehicle;
51)
light trailer - a trailer whose permissible total weight does not exceed 750 kg;
52)
semi-trailer - a trailer, part of which rests on a motor vehicle and burdens that vehicle;
53)
curb weight - the weight of the vehicle with its normal equipment, fuel, oils, lubricants and liquids in nominal quantities, without the driver;
54)
permissible gross weight - the maximum weight of a vehicle loaded with people and cargo, permitted to travel on the road, as determined by the appropriate technical conditions;
55)
actual gross vehicle weight - the weight of the vehicle including the weight of items and people on it;
56)
permissible load capacity - the maximum mass of cargo and people that a vehicle can carry, which is the difference between the permissible total mass and the vehicle's empty mass;
57)
axle load - the sum of the pressures exerted on the road by the wheels on one axle;
58)
VIN - vehicle identification number assigned and placed by the manufacturer;
59)
recording device – a stationary, portable or installed in a vehicle or aircraft device that detects and records, using image recording techniques, violations of road traffic regulations by vehicle drivers;
60)
vehicle category – classification of a vehicle according to the approval requirements specified in Regulation (EU) No 167/2013 of the European Parliament and of the Council of 5 February 2013 on the approval and market surveillance of agricultural and forestry vehicles (OJ EU L 60, 2.03.2013, p. 1, as amended), hereinafter referred to as "Regulation 167/2013", Regulation (EU) No 168/2013 of the European Parliament and of the Council of 15 January 2013 on the approval and market surveillance of two- or three-wheel vehicles and quadricycles (OJ EU L 60, 2.03.2013, p. 52, as amended), hereinafter referred to as "Regulation 168/2013", and Regulation (EU) 2018/858 of the European Parliament and of the Council of 30 May 2018 on the approval and market surveillance of motor vehicles and their trailers, and of systems, components and separate technical units intended for such vehicles, amending Regulations (EC) No 715/2007 and (EC) No 595/2009 and repealing Directive 2007/46/EC (OJ EU L 151, 14.06.2018, p. 1, as amended), hereinafter referred to as "Regulation 2018/858", as well as Annex No 2 to the Act;
61)
maximum gross weight – the highest weight of a vehicle loaded with people and cargo, as specified by the vehicle manufacturer;
62)
new vehicle – a brand new vehicle that has not been registered;
63)
Member State – a Member State of the European Union, the Swiss Confederation or a Member State of the European Free Trade Agreement (EFTA) – a party to the Agreement on the European Economic Area;
64)
complete vehicle – vehicle referred to in Article 3 point 15 of Regulation 167/2013, Article 3 point 14 of Regulation 168/2013 or Article 3 point 27 of Regulation 2018/858;
65)
"SAM" brand vehicle – a vehicle built using a body, chassis or frame of its own design;
66)
(repealed)
67)
incomplete vehicle – vehicle referred to in Article 3 point 13 of Regulation 167/2013, Article 3 point 12 of Regulation 168/2013 or Art. 3 obligations of road users in the field of safety point 25 of Regulation 2018/858;
68)
completed vehicle – vehicle referred to in Article 3 point 14 of Regulation 167/2013, Article 3 point 13 of Regulation 168/2013 or Art. 3 obligations of road users in the field of safety point 26 of Regulation 2018/858;
69)
end-of-series vehicle – vehicle referred to in Article 3 point 16 of Regulation 167/2013, Article 3 point 67 of Regulation 168/2013 or Article 3 obligations of road users in the field of safety, point 28 of Regulation 2018/858;
70)
item of equipment or part – item of equipment or part referred to in Article 2 , explanation of terms , paragraph 1, point 15 of the Act of 14 April 2023 on vehicle approval systems and their equipment (Journal of Laws, item 919);
71)
(repealed)
72)
(repealed)
73)
vehicle type approval certificate – a document issued by the competent authority of the Republic of Poland stating that the vehicle type meets the requirements of the vehicle type approval procedure;
74)
EC type-approval certificate – a document issued by the competent authority of a Member State of the European Union stating that a type of vehicle, a type of its equipment or a part complies with the requirements of the EC type-approval procedure;
75)
type of equipment or part – designation of equipment or parts that perform the same function in a vehicle and that do not differ in terms of essential features affecting road safety or environmental protection, unless the requirements specified in EU regulations on type-approval tests or UNECE regulations provide otherwise;
76)
EC individual vehicle approval certificate – a document issued by the competent authority of a European Union Member State stating that the vehicle meets the relevant conditions or technical requirements of the EC individual vehicle approval procedure;
77)
(repealed)
78)
vehicle type – vehicles belonging to one vehicle category that do not differ from each other in terms of essential characteristics;
79)
placing on the market – the first paid or free transfer of a vehicle, piece of equipment or part to a user on the territory of the Republic of Poland;
80)
(repealed)
81)
(repealed)
82)
tram – a vehicle designed to transport people or goods powered by electricity, running on rails on public roads;
83)
trolleybus – a bus adapted to be powered by electricity from the traction network;
84)
alcohol interlock – a technical device that prevents the engine of a motor vehicle or rail vehicle from starting if the alcohol content in the air exhaled by the driver is at least 0.1 mg of alcohol in 1 dmidx3;
85)
calibration of the alcohol interlock – all activities aimed at calibrating the alcohol interlock and adjusting this device in a way that enables the requirement referred to in point 84 to be met;
86)
inconsistency – discrepancy between the data collected in the central register of vehicles, central register of drivers or central register of parking card holders and the legal status established on the basis of available data or the factual status;
87)
Motor vehicle, trailer, or moped dealership – a natural person, legal entity, or organizational unit without legal personality that sells motor vehicles, trailers, or mopeds on premises in the Republic of Poland and is authorized by the manufacturer of motor vehicles, trailers, or mopeds or their authorized representative. This also applies to sales on premises in the Republic of Poland directly conducted by the manufacturer of motor vehicles, trailers, or mopeds.
Section 2. Road traffic
Chapter 1. General rules
Art. 3. Obligations of road users regarding safety
1.
Road users and other persons on the road are obligated to exercise caution or, where required by law, extreme caution. Avoid any action that could endanger road safety or order, impede traffic, or, in connection with traffic, disturb the peace or public order, or expose anyone to harm. Action also includes omission.
2.
The provision of paragraph 1 shall apply accordingly to a person near the road if his or her behaviour could result in the consequences referred to in this provision.
3.
If a road user or another person has caused a threat to road safety, they are obliged to take the necessary measures to immediately remove the threat, and if they are unable to do so, they should warn other road users about the threat.
Art. 4. The principle of trust in other road users
A road user and any other person on the road have the right to expect that other road users comply with road traffic regulations, unless circumstances indicate the possibility of their behaving differently.
Art. 5. Obligation to comply with road traffic instructions, signals and signs
1.
A road user and any other person on the road are obliged to comply with the instructions and signals given by persons directing traffic or authorised to control it, traffic light signals and road signs, even when the provisions of the Act stipulate a different manner of behaviour than that prescribed by these persons, traffic light signals or road signs.
2.
Commands and signals given by persons directing traffic or authorized to control it have priority over traffic lights and road signs.
3.
Traffic lights take precedence over road signs regulating right of way.
Art. 6. Entities authorized to provide signs and signals to road users
1.
Commands or signals may be given to a road user or another person on the road by:
1)
policeman;
2)
a soldier of the Military Police or a military law enforcement body securing the march or passage of a military column or in the event of an action related to saving life or property;
3)
Border Guard officer;
3a)
inspector of the Road Transport Inspection;
3b)
uniformed officer of the Customs and Tax Service;
3c)
municipal (city) guard;
4)
railway worker at a level crossing;
5)
a person acting on behalf of the road manager or a person performing work on the road on behalf of or with the consent of the road manager;
6)
a person supervising the safe crossing of children across the road in a designated place;
7)
driving a school bus at stopping points where children are boarding or alighting;
7a)
mountain rescuer while performing activities related to rescue operations;
8)
forest guard or park guard officer - in the forest or national park, respectively;
9)
a firefighter of the State Fire Service while performing activities related to conducting a rescue operation;
10)
a member of the volunteer fire brigade while performing activities related to rescue operations;
11)
an officer of the State Protection Service while performing activities related to ensuring the safety of protected persons, facilities and devices;
12)
pilot while performing activities related to piloting the passage of an oversized vehicle.
2.
The persons referred to in paragraph 1 and paragraph 4 point 2 should be easily recognizable and visible from a sufficient distance, both during the day and at night.
3.
The provision of paragraph 2 regarding easy recognition:
1)
applies to the person mentioned in paragraph 1 point 1 only outside built-up areas;
2)
does not apply to the driver of a school bus if the signal to stop other vehicles is given by that person without leaving the appropriately marked vehicle.
3a.
Persons referred to in paragraph 1 points 4-8 and 12 and paragraph 4 point 2 may give instructions or signals to a road user or other person on the road provided they complete training organized by the provincial road traffic center. A pilot securing the passage of an oversized vehicle, who is a person referred to in paragraph 1 points 1-3c and 9, is not subject to training.
3b.
The training referred to in paragraph 3a may be conducted for a fee. The fee is borne by the entity sending the training, and in other cases, by the person undergoing the training. The maximum fee for training one person may not exceed 30% of the minimum wage established under the minimum wage regulations.
4.
The minister responsible for internal affairs, in consultation with the minister responsible for transport, taking into account the need to ensure safety and order during road traffic management and the efficient performance of activities in this respect, by way of a regulation:
1)
shall determine the organisation and manner of performing the activities referred to in paragraph 1, the programme and procedure for conducting training in this respect, the template of the certificate of completion of training, the amount of training fees and the procedure for their collection and reimbursement, taking into account in particular the average real costs of organising and conducting the training;
2)
may authorise other persons to perform the activities referred to in paragraph 1, and specify the circumstances, detailed conditions, the manner of performing activities in this respect, as well as the conditions that these persons must meet;
3)
shall determine the clothing pattern of the persons referred to in paragraph 1 points 4-6.
Art. 7. Regulation on road traffic signs and signals
1.
Road signs and signals express warnings, prohibitions, orders or information.
2.
(repealed)
3.
(repealed)
3a.
The minister responsible for transport, in consultation with the minister responsible for internal affairs and the Minister of National Defence, shall determine, by way of a regulation:
1)
patterns, meanings and scope of validity of road signs and signals in road traffic,
2)
patterns or types and scope of use of road safety devices,
3)
conditions that should be met by road signs, traffic signals and road safety devices,
4)
basic conditions for the location of road signs and signals and road safety devices in the road lane
– taking into account the provisions of international agreements and the legibility and understandability of road signs and signals for road users, as well as the need to ensure road safety.
3b.
The minister responsible for transport may issue, disseminate or recommend templates and standards regarding detailed conditions for the location of road signs and signals as well as road safety devices in the road lane, in the form of studies, under the principles specified in Article 17 , scope of activities of the minister responsible for transport, paragraphs 3 and 4 of the Act of 21 March 1985 on public roads.
Art. 8. Parking card for disabled persons
1.
A disabled person holding a parking card and driving a motor vehicle marked with that card may not comply with certain road signs prohibiting movement or parking, to the extent specified in the provisions referred to in Art. 7 of the Regulation on road traffic signs and signals, paragraph 3a.
2.
The provisions of paragraph 1 also apply to:
1)
the driver of a vehicle transporting a disabled person with a parking card;
2)
a driver of a vehicle belonging to a facility referred to in paragraph 3a point 3, transporting a person with significantly limited independent mobility who is under the care of such a facility.
3.
The parking card is placed behind the windscreen of the motor vehicle, or if the vehicle does not have a windscreen – in a visible place in the front of the vehicle, in a way that exposes the visible security features of the card and allows for reading its number and expiry date.
3a.
The parking card is issued:
1)
a disabled person with a significant or moderate degree of disability who has significantly limited ability to move independently;
2)
a disabled person under 16 years of age who has significantly limited ability to move independently;
3)
a facility providing care, rehabilitation or education for disabled people with significantly limited independent mobility.
4.
A parking card to the person referred to in par. 3a points 1 and 2 is issued, for a fee, by the chairman of the district disability assessment team, referred to in art. 6 district and voivodeship disability assessment teams, par. 1 point 1 of the Act of 27 August 1997 on vocational and social rehabilitation and employment of disabled persons (Journal of Laws of 2024, items 44 and 858), on the basis of the disability assessment team issued by:
1)
disability certificate,
2)
disability degree certificate,
3)
decisions on indications for reliefs and entitlements
– together with the indication referred to in Article 6b, paragraph 3, point 9 of the Act of 27 August 1997 on vocational and social rehabilitation and employment of disabled persons.
5.
A parking card for the facility referred to in paragraph 3a point 3 is issued, for a fee, by the chairman of the district disability assessment team, based on the documents presented by the applicant, and one card is issued per vehicle used to transport disabled persons.
5a.
(repealed)
5b.
(repealed)
5c.
A parking card shall be issued to the person referred to in paragraph 3a points 1 and 2 for the period of validity of the decision referred to in paragraph 4, but not longer than for a period of 5 years, and to the institution referred to in paragraph 3a point 3 for a period of 3 years.
5d.
In the event of ceasing to use the vehicle to transport disabled persons whose independent mobility is significantly limited, the entity managing the facility referred to in Article 8, paragraph 3a, point 3, is obliged to immediately return the parking card to the body that issued it.
5e.
The parking card expires:
1)
after the card expires;
2)
in the event of a report of card loss by the person or institution to which the card was issued;
3)
in the event of the card being returned to the authority that issued it;
4)
in the event of liquidation of the facility to which the card was issued;
5)
in the event of the death of the person to whom the card was issued.
5f.
The minister responsible for social security shall select the manufacturer of parking card blanks, in compliance with the provisions of the Act of 11 September 2019 – Public Procurement Law (Journal of Laws of 2023, items 1605 and 1720).
6.
The provisions of paragraph 1 shall apply accordingly to drivers of vehicles equipped with a parking card issued abroad.
6a.
The fee for issuing a parking card may not exceed 1% of the average monthly salary in the national economy in the previous year, announced for pension purposes in the Official Journal of the Republic of Poland "Monitor Polski" by the President of the Central Statistical Office.
6b.
The fee for issuing a parking card constitutes income for the state budget.
7.
The minister responsible for social security, in consultation with the minister responsible for transport, shall determine, by way of a regulation:
1)
the template and procedure for issuing parking cards to persons referred to in paragraph 3a points 1 and 2 and to the institutions referred to in paragraph 3a point 3, taking into account in particular the need to ensure a uniform procedure for issuing parking cards and the need to technically secure the card in a way that guarantees its authenticity and
to standardise the template of the parking card with solutions adopted in European countries in order to enable disabled persons to benefit from road traffic discounts and privileges specified in the provisions of national law;
2)
the rules for assigning numbers to parking cards issued, taking into account in particular the need to create an efficient system for issuing, recording and controlling the correct use of cards and the fact that in the case of cards referred to in paragraph 3a point 3, the vehicle registration number is a component of the card number;
3)
procedure for returning a parking card, with a view to ensuring a uniform procedure for returning parking cards;
4)
template of the application for a parking card, with a view to ensuring a uniform form of submitted applications.
8.
The minister responsible for social security, in consultation with the minister responsible for transport and the minister responsible for health, will determine, by way of a regulation, the type of facilities providing care, rehabilitation or education for disabled persons with significantly reduced mobility who are entitled to obtain a parking card, with a view to ensuring the issuance of the card to the appropriate facilities.
9.
The minister responsible for social security shall determine, by regulation:
1)
the fee for issuing a parking card, taking into account the costs associated with its production and distribution;
2)
conditions for the distribution of parking card blanks, with a view to ensuring the efficiency and security of the process of transferring these cards to the district disability assessment teams.
Article 8a. Repealed
Art. 8b. Parking card
1.
A member of the Corps of Veterans of the Struggle for Independence of the Republic of Poland who holds a veteran’s card and drives a motor vehicle marked with that card may not comply with certain road signs prohibiting movement or parking, on the terms specified for a disabled person who holds a parking card and drives a motor vehicle marked with the card referred to in Art. 8, parking card for a disabled person, paragraph 1.
2.
The provision of paragraph 1 shall also apply to the driver of a vehicle transporting a member of the Corps of Veterans of the Struggle for Independence of the Republic of Poland who holds a veteran's card.
Art. 9. Obligation to facilitate the passage of an emergency vehicle
1.
A road user and any other person on the road are obliged to facilitate the passage of an emergency vehicle, in particular by immediately moving out of its path and, if necessary, stopping.
2.
In conditions of increased traffic density hindering the free passage of an emergency vehicle, in order to enable the free passage of that vehicle:
1)
on a road with two lanes in the same direction, the driver of a vehicle travelling in the left lane is obliged to move out of the way of an emergency vehicle by driving as close as possible to the left edge of the lane, and the driver of a vehicle travelling in the right lane is obliged to move out of the way of an emergency vehicle by driving as close as possible to the right edge of the lane;
2)
on a road with more than two lanes in the same direction, the driver of a vehicle travelling in the extreme left lane is obliged to move out of the way of an emergency vehicle by pulling as close as possible to the left edge of the lane, and the drivers of vehicles travelling in the other lanes are obliged to move out of the way of an emergency vehicle by pulling as close as possible to the right edge of the lane.
3.
The driver of a vehicle other than an emergency vehicle is prohibited from using the emergency vehicle route created in the manner referred to in paragraph 2. The driver of the vehicle may continue driving in the previously occupied lane after the emergency vehicle has passed.
4.
The provisions of paragraph 3 shall not apply to road authority or roadside assistance vehicles taking part in a rescue operation.
Art. 10. Road traffic supervision authorities
1.
The minister responsible for transport supervises traffic management on national roads.
2.
The Voivode supervises traffic management on the following roads:
1)
provincial;
2)
district;
3)
municipal;
4)
public located in cities with district rights and in the capital city of Warsaw;
5)
internal located in traffic zones or residential zones.
3.
The General Director for National Roads and Motorways manages traffic on national roads, subject to paragraph 6.
4.
The voivodeship marshal manages traffic on voivodeship roads, subject to paragraph 6.
5.
The staroste manages traffic on district and municipal roads, subject to paragraph 6.
6.
The city mayor manages traffic on public roads located in cities with district rights, with the exception of highways and expressways.
7.
Traffic management on internal roads, including traffic zones and residential zones, is the responsibility of the entity managing these roads.
8.
The General Director for National Roads and Motorways may entrust tasks related to traffic management on national roads to the voivodeship marshal.
9.
National, provincial, district and municipal roads are public roads defined in accordance with the regulations on public roads.
10.
The authorities supervising road traffic management may order a change in traffic organization due to important public interest or the need to ensure transit traffic.
10a.
Road managers, as referred to in paragraph 7, when establishing traffic management on these roads, shall use road signs and signals, as well as the rules for their placement, as specified in the Act and its implementing regulations. The cost of marking the internal road is borne by the road manager.
10b.
Traffic on the road is carried out on the basis of approved traffic management, which means:
1)
road geometry and range of road access;
2)
method of placing vertical and horizontal signs, signals and road safety devices;
3)
principles and operation of traffic lights, illuminated signs, variable message signs and other variable elements.
10c.
In the case of road construction works requiring a decision on a building permit or a decision on a permit for the implementation of a road investment or notification of the performance of construction works, the traffic organization plan shall be prepared before initiating the procedure for issuing these decisions or before submitting the notification.
11.
The Minister responsible for transport, taking into account the need to protect roads from damage and to ensure traffic safety during periods of increased passenger vehicle traffic, may introduce, by regulation, periodic restrictions on vehicle traffic on roads or a ban on the movement of certain types of vehicles.
12.
The minister responsible for transport, in consultation with the minister responsible for internal affairs and the Minister of National Defence, taking into account in particular:
1)
the need to ensure the safety of all road users,
2)
the need for efficient use of public roads,
3)
the needs of the local community,
will determine, by means of a regulation, detailed conditions for managing road traffic and supervising this management.
Chapter 2. Pedestrian traffic and people moving using a movement assist device
Art. 11.Rules for pedestrian use of sidewalks, roadsides, pedestrian paths and roadways
1.
Pedestrians are required to use the pedestrian path or pedestrian and cycle path, and if there are none, the shoulder. If there is no shoulder or it is temporarily unusable, pedestrians may use the roadway, provided they sit as close to the edge as possible and give way to oncoming vehicles.
2.
A pedestrian walking on the roadside or roadway is obliged to walk on the left side of the road.
3.
Pedestrians walking on the roadway are required to walk one behind the other. On a road with little traffic and in good visibility conditions, two pedestrians may walk side by side.
4.
Pedestrians are permitted to use a cycle track only if there is no pedestrian path, a pedestrian and cycle path, or a shoulder, or if it is impossible to use them. Pedestrians, with the exception of disabled persons, are required to yield to persons using a mobility aid, a bicycle, an electric scooter, or a personal transport device.
4a.
A pedestrian walking on a road after dusk outside a built-up area is obliged to use reflective elements in a manner visible to other road users, unless he or she is walking on a pedestrian path, a pedestrian and cycle path or a cycle track.
5.
The provisions of paragraphs 1–4a do not apply in residential areas. In this area, pedestrians use the full width of the road and have priority over vehicles and persons using a mobility aid.
Art. 12.Rules for the movement of a column of pedestrians
1.
A column of pedestrians, with the exception of pedestrians under 10 years of age, may only move on the right side of the road.
2.
The provisions of Article 11,Rules for the use of sidewalks, roadsides, pedestrian paths and carriageways by pedestrians , paragraphs 1 and 2,
shall apply accordingly to a column of pedestrians under 10 years of age.
3.
The number of pedestrians walking along the road in a column next to each other may not exceed 4, and in a military column - 6, provided that the column does not occupy more than half the width of the road.
4.
Pedestrians under 10 years of age may only walk in columns of two under the supervision of at least one adult.
5.
The length of a pedestrian column may not exceed 50 m. The distance between columns may not be less than 100 m.
6.
If the march of a column of pedestrians takes place in conditions of insufficient visibility:
1)
the first and last person walking from the left are obliged to carry flashlights:
a) the first - with a white light directed forward,
b) the last - with a red light directed backward;
2)
in a column longer than 20 m, those walking on the left side in front and behind are obliged to use reflective elements that meet the relevant technical conditions, and in addition, those walking on the left side are obliged to carry additional flashlights with white light, placed in such a way that the distance between them does not exceed 10 m;
3)
The light from the flashlights should be visible from a distance of at least 150 m.
7.
It is prohibited to:
1)
movement of a column of pedestrians on the road during fog; this prohibition does not apply to a military or police column;
2)
movement of a column of pedestrians under 10 years of age on the road in conditions of insufficient visibility;
3)
leading a column of pedestrians on the road by a person under 18 years of age.
Art. 13.Rules for crossing a road, bicycle path or railway track
1.
Pedestrians entering the road, cycle path or tracks, or crossing these parts of the road, are obliged to exercise particular caution and use pedestrian crossings.
1a.
A pedestrian on a pedestrian crossing has priority over a vehicle. A pedestrian entering a pedestrian crossing has priority over a vehicle, with the exception of trams.
2.
Crossing a road or cycle track outside a pedestrian crossing is permitted at a suggested crossing or outside a suggested crossing if the distance from the pedestrian crossing is more than 100 m. However, if the intersection is less than 100 m from a designated pedestrian crossing, crossing is also permitted at that intersection.
3.
Crossing a road or cycle track outside a pedestrian crossing, as referred to in paragraph 2, is permitted only if it does not pose a threat to road safety or obstruct vehicular traffic. Pedestrians are required to yield to vehicles and take the shortest route to the opposite edge of the road or cycle track, perpendicular to the road or cycle track axis.
4.
If there is a tunnel or viaduct for pedestrians or pedestrians and bicycles on the road, pedestrians are obliged to use it.
5.
In a built-up area on a dual carriageway, pedestrians crossing the road are obliged to use only pedestrian crossings.
6.
Crossing a track separated from the roadway is permitted at a pedestrian crossing or suggested crossing. The provisions of paragraph 3 apply accordingly.
7.
If a passenger island at a public transport stop connects to a pedestrian crossing, crossing to and from the stop is only permitted via that crossing.
8.
If a pedestrian crossing is designated on a dual carriageway, the crossing on each carriageway is considered a separate crossing. This provision applies accordingly to a pedestrian crossing where traffic is separated by an island or other roadway devices.
Art. 14.Prohibited pedestrian behavior
It is prohibited to:
1)
entering the road or cycle path:
a) directly in front of a moving vehicle, including on a pedestrian crossing,
b) from behind a vehicle or other obstacle limiting the visibility of the road;
2)
crossing a road or bicycle path in a place with limited visibility of the road;
3)
slowing down or stopping unnecessarily when crossing a road, cycle path or railway track;
4)
running across a road or bicycle path;
5)
walking on the tracks;
6)
entering the track when the barriers or half-barriers are lowered or have started to be lowered;
7)
crossing a road or cycle track at a place where a safety device or obstacle separates the pedestrian path or pedestrian and cycle track from the road or cycle track, regardless of the side of the road on which they are located;
8)
using a telephone or other electronic device while entering or crossing a road, cycle path or track, including when entering or crossing a pedestrian crossing – in a way that leads to limited ability to observe the situation on the road, cycle path, track or pedestrian crossing.
Art. 15.Exclusion of application of certain provisions of the Act in the event of closure of vehicle traffic
The provisions of Articles 11-14 shall not apply in the event of closure of vehicle traffic on a road.
Article 15a.Rules for moving with the help of a mobility aid
1.
A person using a traffic assist device must use a pedestrian path, a pedestrian and cycle path, or a cycle track. A person using a traffic assist device on a cycle track must drive on the right-hand side of the road.
2.
The provisions of paragraph 1 do not apply in residential areas. In this area, a person using a traffic assist device uses the full width of the road and has priority over a vehicle.
3.
A person moving with the use of a traffic support device, using a pedestrian path or a pedestrian and bicycle path, is obliged to move at a speed close to that of a pedestrian, exercise particular caution, give way to pedestrians and not obstruct their movement.
4.
A person using a traffic assist device when crossing a road, cycle path or track is obliged to exercise particular caution and use a cycle crossing, and in the absence thereof – a pedestrian crossing or a suggested crossing, in accordance with the principles specified for pedestrian traffic in the provisionsof Article 13,Rules for crossing a road, cycle path or track .
5.
(repealed)
6.
A person moving using a mobility aid is obliged to:
1)
move at a speed that ensures control of the device, taking into account the conditions in which the movement takes place;
2)
when overtaking, keep a safe distance from the vehicle or road user being overtaken;
3)
when passing, keep a safe distance from the vehicle, road user or obstacle being passed;
4)
before overtaking, make sure there is enough space to overtake without obstructing anyone else's traffic;
5)
When approaching a pedestrian crossing, exercise particular caution and give way to any pedestrian on the crossing.
7.
A person moving using a mobility aid is prohibited from:
1)
driving under the influence of alcohol, after using alcohol or a substance with an effect similar to alcohol;
2)
transporting another person, animal or cargo;
3)
towing a vehicle or load;
4)
clinging to vehicles;
5)
moving backwards.
Chapter 3. Vehicle traffic
Section 1. General rules
Art. 16. Obligation to drive on the right side of the road
1.
The driver of the vehicle is obliged to drive on the right-hand side.
2.
A driver of a vehicle using a dual carriageway is obliged to drive on the right-hand carriageway; this does not include the carriageway intended for access to a property located next to the road.
2a.
Drivers of vehicles in categories N 2 or N 3 , as referred to in Article 4, respectively section 1 letter b of Regulation 2018/858 or in Annex No. 2 to the Act, or a combination of vehicles over 7 m in length on a motorway or expressway with three or more designated traffic lanes on the road in one direction is obliged to use only the two traffic lanes designated for a given direction, located closest to the right edge of the road.
3.
A driver of a vehicle using a two-way road with at least four lanes is obliged to occupy the lane located on the right half of the road.
4.
Drivers are required to drive as close as possible to the right edge of the roadway. If lanes are designated, they may not occupy more than one lane.
5.
The driver of a horse-drawn vehicle, bicycle, bicycle cart, moped, handcart and a person driving a motor-driven vehicle are obliged to move on the roadside unless it is unsuitable for driving or the movement of the vehicle would obstruct pedestrian traffic.
6.
The driver of a vehicle on a part of the road on which rail vehicles are running is obliged to give way to an oncoming rail vehicle.
7.
At an intersection and immediately before it, a cyclist, moped or motorcycle rider may move in the middle of the lane if that lane allows for leaving the intersection in more than one direction, subject to Article 33, paragraph 1,
obligations and prohibitions relating to cyclists or electric scooter riders .
Section 2. Joining the Traffic
Art. 17. Joining traffic
1.
Joining traffic occurs when starting to drive after a stop or a halt that is not due to traffic conditions or regulations, and when entering:
1)
onto a road from a property, from a roadside facility or access to such a facility, from a road that is not a public road and from a residential area;
2)
onto a road from a field or onto a hard-surface road from a dirt road;
3)
onto the road from the shoulder, from a pedestrian path or from a lane for slow vehicles;
3a)
onto the road or verge from a cycle track or a pedestrian and cycle path, except for entering a cycle crossing or a cycle lane;
4)
rail vehicle - onto the road from the depot or onto the road from the loop.
2.
The driver of a vehicle entering traffic is obliged to exercise particular caution and give way to another vehicle or traffic participant.
Art. 18. Obligations of the driver approaching a bus stop
1.
A vehicle driver approaching a marked bus (trolleybus) stop in a built-up area is obliged to reduce speed and, if necessary, stop to allow the bus (trolleybus) driver to join the traffic if the driver of such a vehicle signals with a turn signal his intention to change lane or enter the carriageway from a bay.
2.
The driver of the bus (trolleybus) referred to in paragraph 1 may enter an adjacent lane or the roadway only after ensuring that this will not pose a threat to road safety.
Art. 18a. Behavior at school bus stops
1.
When approaching a school bus stop, the driver of the vehicle is obliged to:
1)
stop if the bus driver has given a stop signal;
2)
reduce speed and, if necessary, stop to allow the driver of the bus to enter the carriageway or an adjacent lane, provided he or she is signalling his or her intention to do so.
2.
In the situation referred to in paragraph 1, the school bus driver may enter the adjacent lane or roadway only after ensuring that this will not pose a threat to road safety.
The driver of a vehicle is obliged to drive at a speed that ensures control of the vehicle, taking into account the traffic conditions, in particular: terrain, condition and visibility of the road, condition and load of the vehicle, weather conditions and traffic density.
2.
The vehicle driver is obliged to:
1)
drive at a speed that does not hinder other drivers;
2)
brake in a way that does not endanger or impede traffic safety;
3)
maintain the distance necessary to avoid a collision if the vehicle in front brakes or stops.
3.
Outside built-up areas, on two-lane two-way roadways, the driver of a vehicle subject to an individual speed limit or a vehicle or vehicle combination exceeding 7 m in length is required to maintain a distance from the motor vehicle in front of them so that other overtaking vehicles can safely enter the gap between them. This provision does not apply if the driver is attempting to overtake or when overtaking is prohibited.
3a.
When driving on a motorway or expressway, the driver is required to maintain a minimum distance between the vehicle they are driving and the vehicle ahead in the same lane. This distance, expressed in meters, is defined as no less than half the speed of the vehicle they are driving, expressed in kilometers per hour. This regulation does not apply during overtaking.
4.
Outside built-up areas, in tunnels longer than 500 m, the driver is obliged to maintain a distance from the vehicle in front of him of no less than:
1)
50 m - if he/she drives a vehicle with a maximum permissible weight not exceeding 3.5 t or a bus;
2)
80 m - if he/she drives a combination of vehicles or a vehicle not mentioned in point 1.
5.
The road traffic management authority may reduce or increase the permissible distance referred to in paragraph 4 by means of road signs, depending on the speed limit in force in the tunnel.
Art. 20. Permissible speeds in road traffic
1.
The permissible speed of a vehicle or vehicle combination in a built-up area is 50 km/h, subject to paragraph 2.
1a.
(repealed)
2.
The permitted speed of a vehicle or vehicle combination in a residential area is 20 km/h.
3.
The permissible speed outside built-up areas, subject to paragraph 4, is in the case of:
1)
a passenger car, motorcycle or truck with a maximum permissible weight not exceeding 3.5 t:
a) on a motorway - 140 km/h,
b) on a dual carriageway expressway - 120 km/h,
c) on a single carriageway expressway and on a dual carriageway with at least two lanes for each direction of traffic - 100 km/h,
d) on other roads - 90 km/h;
2)
a combination of vehicles or a vehicle not mentioned in point 1:
a) on a motorway, expressway or dual carriageway with at least two lanes for each direction of traffic - 80 km/h,
b) on other roads - 70 km/h.
4.
The permissible speed of a bus meeting the additional technical conditions specified in the provisions referred to in Article 66, paragraph 5, technical requirements of a vehicle participating in traffic, on a motorway and expressway is 100 km/h.
5.
(repealed)
5a.
The Council of Ministers, at the request of the minister responsible for the management of energy resources, may, by way of a regulation, in cases referred to in Article 32, paragraph 1 of the Act of 16 February 2007 on stocks of crude oil, petroleum products and natural gas and the principles of conduct in situations of threat to the fuel security of the state and disruptions on the oil market (Journal of Laws of 2023, items 1650 and 1681 and of 2024, items 834 and 859), introduce restrictions on the permissible speed of motor vehicles.
6.
The permissible speed of certain vehicles, subject to paragraph 2, is:
1)
agricultural tractor (also with trailer) - 30 km/h;
2)
a vehicle with a device protruding more than 1.5 m forward from the driver's seat - 30 km/h in built-up areas and 60 km/h outside built-up areas;
3)
motorcycle (also with a trailer), quadricycle and moped carrying a child up to 7 years of age - 40 km/h;
4)
electric scooters and personal transport devices – 20 km/h.
Art. 21. Power to reduce or increase the permissible speed of vehicles
1.
The road traffic management authority may reduce or increase, by means of road signs, the speed limit for vehicles in built-up areas.
2.
The permissible speed referred to in paragraph 1 may be:
1)
reduced - if traffic safety conditions on the road or its section so require;
2)
increased - if traffic conditions on the road or its section ensure traffic safety.
3.
The road traffic management authority may reduce the speed limit for vehicles outside built-up areas by means of road signs if the traffic safety conditions on the road or its section so require.
4.
The vehicle registration authority may set a lower speed limit for an individual vehicle than the speed limits specified in Article 20 if this is justified by the vehicle's design or technical condition. The speed limit must be displayed on a sign placed on the rear of the vehicle.
Section 4. Changing direction or lane
Art. 22. Changing direction or lane
1.
The driver of a vehicle may only change direction or lane if he or she exercises particular caution.
2.
The driver of the vehicle is obliged to approach:
1)
to the right edge of the road - if you intend to turn right;
2)
to the centre of the road or, on a one-way road, to its left edge - if you intend to turn left.
3.
The provision of paragraph 2 shall not apply if the dimensions of the vehicle make it impossible to turn in accordance with the principle specified in this provision or driving is only permissible in one direction.
4.
A vehicle driver changing lanes is obliged to give way to a vehicle travelling in the lane they intend to enter, with the exception of paragraphs 4a and 4b, as well as to a vehicle entering that lane from the right.
4a.
In conditions of significant speed reduction on a road with more than one lane in the same direction of travel, if it is not possible to continue driving in a lane due to an obstacle occurring in that lane or its disappearance, the driver of a vehicle traveling in an adjacent lane is obliged, immediately before the place where the obstacle occurs or the lane disappears, to allow one vehicle or one combination of vehicles on such lane to change that lane to the adjacent lane in which it is possible to continue driving.
4b.
In conditions of significant speed reduction on a road with more than two lanes in the same direction of travel, if it is not possible to continue driving in two lanes due to obstacles on these lanes or their disappearance, if there is one lane between these lanes in which it is possible to continue driving, the driver of a vehicle traveling in this lane is obliged, immediately before the place where the obstacle occurs or the place where the lanes disappear, to allow one vehicle or one combination of vehicles to change lanes on the right side and then one vehicle or one combination of vehicles on the left side.
5.
The driver of a vehicle is obliged to signal in advance and clearly with the indicator the intention to change direction or lane and to stop signalling immediately after completing the manoeuvre.
5a.
If the vehicle is not equipped with turn signals, the driver is obliged to signal in advance and clearly the intention to change direction or lane by extending his or her hand in the direction of the intended change of direction or lane.
6.
U-turns are prohibited:
1)
in a tunnel, on a bridge, viaduct or one-way road;
2)
on the highway;
3)
on an expressway, except at an intersection or at a place designated for this purpose;
4)
in conditions where it could endanger road safety or hinder traffic.
Section 5. Passing, bypassing and reversing
Art. 23. Passing, bypassing and reversing
1.
The vehicle driver is obliged to:
1)
when overtaking, keep a safe distance from the vehicle or road user being overtaken, and if necessary, move to the right and reduce speed or stop;
2)
when passing, keep a safe distance from the vehicle being passed, a road user or an obstacle, and if necessary, reduce speed; passing a vehicle signalling its intention to turn left may only be done from its right side;
3)
when reversing, give way to another vehicle or road user and exercise particular caution, and in particular:
a) check whether the manoeuvre performed will not pose a threat to or hinder traffic safety,
b) make sure whether there is no obstacle behind the vehicle; if it is difficult to make this determination personally, the driver is obliged to arrange for the assistance of another person.
2.
It is prohibited to reverse a vehicle in a tunnel, on a bridge, viaduct, highway or expressway.
Section 6. Overtaking
Art. 24. Overtaking
1.
Before overtaking, the vehicle driver is obliged to make sure in particular that:
1)
has adequate visibility and sufficient space to overtake without obstructing anyone's traffic;
2)
the driver behind him did not start overtaking;
3)
the driver in front of him in the same lane did not signal his intention to overtake another vehicle, change direction or change lane.
2.
When overtaking, drivers are required to exercise particular caution, particularly to maintain a safe distance from the vehicle or other road user being overtaken. When overtaking a bicycle, bicycle stroller, moped, motorcycle, electric scooter, personal transport device, person using a mobility aid, or a column of pedestrians, this distance must be no less than 1 meter.
3.
When overtaking, the driver of a vehicle is obliged to pass on the left side of the overtaken vehicle, subject to paragraphs 4, 5, 10 and 12.
4.
A rail vehicle may only be overtaken on the right side, unless the position of the tracks prevents such overtaking or the overtaking takes place on a one-way roadway.
5.
Overtaking a vehicle or road user who is signalling his or her intention to turn left may only be done from the right side.
6.
The driver of a vehicle being overtaken is prohibited from increasing speed during and immediately after overtaking. The driver of a slow-moving vehicle, agricultural tractor, or vehicle without an engine is obliged to move as far to the right as possible to facilitate overtaking. This provision does not apply in the case referred to in paragraph 12.
7.
It is prohibited to overtake a motor vehicle travelling on the road:
1)
when reaching the top of the hill;
2)
on a bend marked with warning signs;
3)
at an intersection, except for an intersection with a roundabout or where traffic is diverted.
8.
Overtaking is permitted in places referred to in paragraph 7 points 1 and 2, on the road:
1)
one-way;
2)
two-way on a section with designated traffic lanes, provided that the driver does not enter the part of the road intended for traffic in the opposite direction - in a place where it is prohibited by road signs.
9.
It is permissible to overtake a vehicle signalling its intention to turn in the place referred to in paragraph 7 point 3, provided that the driver does not enter the part of the road intended for traffic in the opposite direction.
10.
Overtaking on the right is permitted on a section of road with designated lanes, provided that the conditions specified in paragraphs 1 and 7 are met:
1)
on a one-way road;
2)
on a two-way roadway, if at least two lanes in a built-up area or three lanes outside a built-up area are intended for driving in the same direction.
11.
It is prohibited to overtake an emergency vehicle in a built-up area.
12.
A cyclist may overtake slow-moving vehicles other than a bicycle on their right.
13.
The driver of a vehicle of category N 2 or N 3 , referred to in Article 4, respectively paragraph 1 letter b of Regulation 2018/858 or in Annex No. 2 to the Act, it is prohibited to overtake a motor vehicle on a motorway and expressway with only two lanes designated for a given direction of traffic, unless the vehicle is travelling at a speed significantly lower than the speed limit for vehicles of category N 2 or N 3 applicable on a given road.
14.
The prohibition referred to in paragraph 13 does not apply to overtaking vehicles carrying out cleaning, repair or modernisation work on the road and displaying yellow flashing signals.
Section 7. Crossing of traffic directions
Art. 25. Driver's behavior at an intersection
1.
The driver of a vehicle approaching an intersection is obliged to exercise particular caution and give way to a vehicle approaching from the right, and if turning left - also to a vehicle coming from the opposite direction or turning right.
2.
The provision of paragraph 1 does not apply to a rail vehicle, which has priority over other vehicles, regardless of the direction from which it is approaching.
3.
The provisions of paragraphs 1 and 2 also apply in the event of intersection of traffic directions outside the intersection.
4.
The driver of the vehicle is prohibited from:
1)
entering an intersection if there is no space at or behind the intersection to continue driving;
2)
separating the pedestrian column.
Art. 26. Driver's behavior before and on a pedestrian crossing
1.
A vehicle driver approaching a pedestrian crossing is obliged to exercise particular caution, reduce speed so as not to endanger a pedestrian on or entering the crossing, and give way to a pedestrian on or entering the crossing, subject to paragraph 1a.
1a.
A tram driver approaching a pedestrian crossing is obliged to exercise particular caution, reduce speed so as not to endanger any pedestrian on the crossing and give way to any pedestrian on the crossing.
2.
The driver of a vehicle turning onto a cross road is obliged to give way to a pedestrian crossing the carriageway of the road onto which he is turning at the intersection.
3.
The driver of the vehicle is prohibited from:
1)
overtaking a vehicle on a pedestrian crossing and immediately before it, except for a crossing where traffic is being directed;
2)
passing a vehicle that was travelling in the same direction but stopped to give way to a pedestrian;
3)
riding along a pedestrian route or pedestrian crossing, subject to Article 33 Obligations and prohibitions regarding the rider of a bicycle or electric scooter, paragraph 6, Article 33a Obligations of the rider of an electric scooter, paragraph 2, and Article 33b Obligations of the rider of a personal transport device, paragraph 2.
4.
When crossing a pedestrian path or a pedestrian and bicycle path, the driver of a vehicle is obliged to drive slowly and give way to pedestrians.
5.
The provision of paragraph 4 shall apply accordingly when driving on a square where, due to the lack of separation of the road and pedestrian paths or pedestrian and bicycle paths, pedestrian and vehicle traffic takes place on the same surface.
6.
Vehicle drivers are required to exercise particular caution when passing a marked tram stop that is not located on a pedestrian or cycle path. If the stop is not equipped with a passenger island and a tram is arriving or stationary at the stop, the driver is required to stop the vehicle in a place and for a time sufficient to ensure pedestrians have free access to the tram or to the pedestrian or cycle path. These regulations apply accordingly to other public transport vehicles.
7.
If a disabled person using a special sign or a person with visibly reduced mobility is crossing the road, the driver is obliged to stop the vehicle to allow the person to cross.
Art. 27. Driver's behavior before and on a cyclist crossing
1.
When approaching a bicycle crossing, the driver of a vehicle is obliged to exercise particular caution and give way to the driver of a bicycle, electric scooter or personal transport device, or to a person using a movement assistance device, located on the crossing.
1a.
The driver of a vehicle turning onto a cross road is obliged to exercise particular caution and give way to the driver of a bicycle, electric scooter or personal transport device, or to a person using a traffic support device, travelling straight ahead on the roadway, cycle lane, pedestrian and cycle path, cycle track or other part of the road that they intend to leave.
2.
(repealed)
3.
The driver of a vehicle, when crossing a pedestrian and cycle path or a cycle track, is obliged to give way to a driver of a bicycle, electric scooter or personal transport device or to a person using a movement assistance device.
4.
A driver is prohibited from overtaking a vehicle on or immediately before a bicycle crossing, except for a crossing where traffic is being diverted.
Art. 28. Driver's conduct before and on a railway crossing
1.
Vehicle drivers approaching and passing through a railway crossing must exercise extreme caution. Before entering the tracks, they must ensure that no rail vehicle is approaching and take appropriate precautions, especially if visibility is reduced due to fog or other factors.
2.
The driver is obliged to drive the vehicle at such a speed that he can stop it in a safe place when a rail vehicle is approaching or when a safety device or a signal prohibits entry to the level crossing.
3.
The driver of the vehicle is prohibited from:
1)
driving around lowered barriers or half-barriers and entering the level crossing if their lowering has started or their raising has not been completed;
2)
entering a level crossing if there is no space on the other side to continue driving;
3)
overtaking a vehicle on and immediately before a railway crossing;
4)
passing a vehicle waiting for traffic to be opened through a level crossing if this would require entering a part of the road intended for the opposite direction of traffic.
4.
If a vehicle becomes immobilised on a railway crossing, the driver is obliged to immediately remove it from the crossing and, if this is not possible, warn the driver of the rail vehicle of the danger.
5.
The driver of a vehicle or a combination of vehicles longer than 10 m, which cannot reach a speed exceeding 6 km/h, is obliged, before entering a railway crossing, to make sure that no rail vehicle will arrive within the time needed to pass through the crossing, or to agree on the time of this passage with the railway crossing keeper.
6.
The provisions of paragraphs 1-4 shall apply accordingly when crossing tram tracks; the provision of paragraph 3 point 3 shall not apply to an intersection or tram crossing where traffic is diverted.
Section 8. Warning and driving in conditions of reduced air transparency
Art. 29. Rules for the use of sound or light signals
1.
The driver of the vehicle may use an audible or visual signal if it is necessary to warn of a danger.
2.
It is prohibited to:
1)
overuse of sound or light signals;
2)
use of an audible signal in built-up areas, unless necessary due to immediate danger;
3)
high beam warning in conditions where it may cause dazzling of other drivers.
Art. 30. Light and sound signals in conditions of reduced air transparency
1.
The driver of a vehicle is obliged to exercise particular caution when driving in conditions of reduced air visibility caused by fog, precipitation or other causes, and in addition:
1)
a driver of a motor vehicle is obliged to:
a) turn on the dipped beam headlights or front fog lights or both at the same time,
b) outside built-up areas in fog, give short audible signals when overtaking or passing;
2)
the driver of a vehicle other than the vehicle referred to in point 1 is obliged to:
a) turn on the lights with which the vehicle is equipped,
b) use the roadside, and if this is not possible, drive as close to the edge of the road as possible and not overtake another vehicle.
2.
The obligation to use lights referred to in paragraph 1 also applies to the driver of the vehicle when stopped due to traffic conditions or regulations.
3.
The driver of a vehicle may use rear fog lights if reduced air transparency limits visibility to a distance of less than 50 m. When visibility improves, the driver is obliged to immediately turn off these lights.
Section 9. Towing
Art. 31. Towing a motor vehicle
1.
A driver may tow a motor vehicle only if:
1)
the speed of the towing vehicle does not exceed 30 km/h in built-up areas and 60 km/h outside these areas;
2)
the towing vehicle has its dipped headlights on also during periods of sufficient visibility;
3)
there is a driver in the towed vehicle who is authorised to drive the vehicle, unless the vehicle is towed in a way that eliminates the need to drive it;
4)
the towed vehicle is connected to the towing vehicle in a way that prevents it from becoming detached while driving; this does not apply to the towing of a motorcycle, which should be connected to the towing vehicle with a flexible connection in a way that allows easy detachment;
5)
the towed vehicle, with the exception of a motorcycle, is marked on the left rear side with a reflective warning triangle and, in periods of insufficient visibility, its side lights are also switched on; instead of being marked with a reflective triangle, the towed vehicle may emit yellow flashing signals in a manner visible to other road users;
6)
in a vehicle towed on a rigid connection, at least one braking system is operational, and in a vehicle towed on a flexible connection - two systems;
7)
the distance between vehicles is no more than 3 m in the case of a rigid connection, and from 4 m to 6 m in the case of a flexible connection, the connection being marked with alternating white and red stripes or provided with a yellow or red flag; this provision does not apply in the case of towing vehicles of the Armed Forces of the Republic of Poland.
2.
It is prohibited to tow:
1)
a vehicle with a faulty steering system or faulty brakes, unless the method of towing eliminates the need to use them;
2)
a vehicle by means of a flexible connection, if in that vehicle the operation of the braking system is dependent on the operation of the engine and the engine is immobilised;
3)
more than one vehicle, except an articulated vehicle;
4)
vehicle with trailer (semi-trailer);
5)
on a motorway, except when towed by vehicles intended for towing to the nearest exit or service point.
3.
If a vehicle is towed in such a way that it is not necessary to steer or use the brakes, the actual gross vehicle weight of the towed vehicle must not exceed the actual gross vehicle weight of the towing vehicle.
Section 10. Movement of vehicles in a column
Art. 32. Movement of vehicles in a convoy
1.
The number of vehicles travelling in an organised column may not exceed:
1)
passenger cars, mopeds or motorcycles - 10;
2)
bicycles, bicycle strollers or electric scooters – 15;
3)
other vehicles - 5.
2.
The distance between columns of moving vehicles must not be less than 500 m for columns of motor vehicles and 200 m for columns of other vehicles.
3.
(repealed)
4.
Driving in a convoy does not exempt the driver from complying with applicable traffic regulations.
5.
The provisions of paragraphs 1 and 2 shall not apply to emergency vehicles and vehicles of the Armed Forces of the Republic of Poland.
6.
It is prohibited to drive between bicycles, bicycle carts or electric scooters and vehicles referred to in paragraph 5 traveling in the column.
6a.
The passage of a column of vehicles of the Armed Forces of the Republic of Poland, consisting of more than 5 vehicles, is permitted subject to obtaining a military permit for road passage, issued by the competent military authority.
7.
(repealed)
Section 11. Additional provisions on the movement of bicycles, electric scooters, personal transport devices, mopeds and horse-drawn vehicles
Art. 33. Obligations and prohibitions concerning the rider of a bicycle or electric scooter
1.
Cyclists or electric scooter riders are required to use cycle paths, pedestrian and cycle paths, or cycle lanes if designated for the direction in which they are traveling or intending to turn. Cyclists or electric scooter riders using pedestrian and cycle paths are required to exercise particular caution and yield to pedestrians.
1a.
A cyclist or electric scooter rider may stop in a bicycle lock alongside other cyclists. They are obligated to leave the lock when it is possible to continue riding in the intended direction and take up a position on the roadway in accordance with Article 33 ( Obligations and Prohibitions Regarding Cyclist or Electric Scooter Riders), paragraph 1, or Article 16 (Obligation to Drive on the Right) , paragraphs 4 and 5, respectively.
2.
A child up to 7 years of age may be transported on a bicycle provided that it is placed on an additional seat ensuring safe riding.
3.
A rider of a bicycle, electric scooter or moped is prohibited from:
1)
driving on the road next to another road user, subject to paragraph 3a;
2)
driving without keeping at least one hand on the steering wheel and feet on the pedals or footrests;
3)
clinging to vehicles.
3a.
It is permitted, in exceptional circumstances, for a cyclist to ride on the road alongside another bicycle or moped, provided that this does not hinder other road users or otherwise endanger road safety.
4.
(repealed)
5.
The use of a pedestrian path by a cyclist is permitted in exceptional cases when:
1)
he/she takes care of a person under 10 years of age riding a bicycle;
2)
the width of the pavement along a road on which vehicle traffic is permitted at a speed exceeding 50 km/h is at least 2 m and there is no cycle path, pedestrian and cycle path or cycle lane;
3)
weather conditions pose a threat to the safety of the cyclist on the road (snow, strong wind, heavy rain, black ice, thick fog), subject to paragraph 6.
6.
A cyclist using a pedestrian path is obliged to ride at a speed close to that of a pedestrian, exercise particular caution, give way to pedestrians and not obstruct their movement.
7.
A cyclist may ride on the left side of the road under the rules specified for pedestrian traffic in the provisions of Article 11 of the Rules for the use of the pavement, roadside, pedestrian path and roadway by pedestrians , paragraphs 1-3, if he or she is taking care of a person riding a bicycle who is under 10 years of age.
Art. 33a. Obligations of the electric scooter driver
1.
The rider of an electric scooter is obliged to use the road on which vehicle traffic is allowed at a speed not exceeding 30 km/h, in the absence of a cycle path, pedestrian and cycle path or bicycle lane.
2.
The use of a pedestrian path by an electric scooter rider is permitted in exceptional cases when the pedestrian path is located along a road on which vehicle traffic is permitted at a speed exceeding 30 km/h and there is no cycle path, pedestrian and cycle path or bicycle lane.
3.
The driver of an electric scooter is prohibited from:
1)
pulling or towing another vehicle;
2)
transporting another person, animal or cargo;
3)
driving on the road, except for using:
a) a bicycle lane,
b) a bicycle crossing,
c) a road on which vehicle traffic is permitted at a speed not exceeding 30 km/h, in the event that there is no bicycle path, pedestrian and bicycle path or bicycle lane.
Art. 33b. Obligations of the driver of a personal transport device
1.
The operator of a personal transport device is required to use a cycle path or a pedestrian and cycle path if one is designated for the direction in which they are travelling or intending to turn. The operator of a personal transport device using a pedestrian and cycle path is required to exercise particular caution and yield to pedestrians.
2.
The use of a pedestrian path by a driver of a personal transport device is permitted in exceptional cases where there is no bicycle path or a pedestrian and bicycle path.
3.
The driver of a personal transport device is prohibited from:
1)
pulling or towing another vehicle;
2)
transporting another person, animal or cargo;
3)
clinging to vehicles;
4)
driving on the road, except when using a bicycle crossing.
Art. 33c. Obligations of the driver of an electric scooter or personal transport device on a pedestrian route
A driver of an electric scooter or personal transport device using a pedestrian route is obliged to drive at a speed close to that of a pedestrian, exercise particular caution, give way to pedestrians and not obstruct their movement.
Art. 33d. Allowing a child under 10 years of age to operate an electric scooter or personal transport device
1.
It is prohibited to allow a child under 10 years of age to operate an electric scooter or personal transport device on the road.
2.
In a residential area, a child under 10 years of age may only use an electric scooter or personal transport device under the supervision of an adult.
Art. 34. Rules for the movement of horse-drawn vehicles
1.
Only an animal that is not timid, is physically fit and can be driven may be used for harnessing.
2.
The driver of a horse-drawn vehicle is obliged to keep the vehicle and the team in such condition that he can control them.
3.
No more than five horse-drawn vehicles may travel directly behind each other. The distance between the fifth vehicle and the next vehicle must be no less than 200 meters.
4.
When entering a hard-surface road in a place where there is insufficient visibility of the road, the driver of a horse-drawn vehicle is obliged to lead the animal by the bridle.
5.
The driver of a horse-drawn vehicle is prohibited from:
1)
overloading the animal;
2)
driving next to another road user;
3)
leaving the vehicle unsecured against moving;
4)
driving a vehicle on skis without bells or rattles.
Chapter 4. Animal movement
Art. 35. Horseback riding and driving animals
1.
Horseback riding and driving animals should take place on a road designated for driving animals. In the absence of such a road, horseback riding and driving animals may take place on the roadside, and if there is no roadside, on the roadway.
2.
The provisions of Art. 34Traffic rules for horse-drawn vehicles, paragraph 1, apply accordingly to horseback riding and driving animals. 1 and 2 and the provisions on vehicle traffic.
Art. 36. Prohibitions on horseback riding and driving animals
1.
It is prohibited to ride a horse:
1)
without a bridle;
2)
next to another road user on the road;
3)
on a road marked with signs bearing the number of an international road and on a road where the use of horse-drawn vehicles is prohibited;
4)
on a hard-surface road during periods of poor visibility;
5)
on a hard-surface road, to a person under 17 years of age.
2.
A rider may only lead one loose animal on their right side.
Art. 37. Duties of the animal driver and supervision of driven animals
1.
Animals in a herd may be driven on the road only under appropriate supervision. A single animal may only be led on a leash.
2.
The animal driver is obligated to:
1)
walk on the left side of the driven animals;
2)
carry a flashlight with a white light visible from at least 150 meters away during periods of poor visibility.
3.
Animals may be led loose next to the right side of the horse-drawn vehicle, in no more than two animals.
4.
It is prohibited to:
1)
drive animals on a road marked with signs bearing the number of an international road, and on another hard-surface road - from dusk to dawn;
2)
driving animals on a hard-surfaced road by a person under 13 years of age;
3)
driving animals across the road in a place that is not visible by a sufficient distance;
4)
stopping animals on the road;
5)
animals occupying more than the right half of the roadway or a pedestrian path, pedestrian and cycle path, or cycle path.
5.
The county council may introduce a ban on driving animals on specific roads or areas and at specific times.
Chapter 5. Order and traffic safety on the roads
Art. 38. Documents required from the vehicle driver
1.
The vehicle driver is obliged to carry and present upon request of an authorized body the following documents required for the given type of vehicle or driver:
1)
a document confirming the right to drive a vehicle other than a domestically issued driving license, a tram driving permit, or a temporary electronic driving license referred to in Art. 4Principle of trust in other road users, paragraph. 1a of the Act of 5 January 2011 on Vehicle Drivers, if the driver does not have a domestically issued driving license, a tram driving permit, or a temporary electronic driving license;
2)
(repealed)
3)
(repealed)
3a)
certificate of a technical inspection with a positive result in regarding the equipment of the vehicle with an alcohol interlock in the case referred to in Article 13periods of validity of the driving license and requirements and restrictions in the driving license paragraph 5 point 7 of the Act of 5 January 2011 on Vehicle Drivers;
3b)
report from the last technical roadside inspection, if one was carried out – in the case of a vehicle of categories M2, M3, N2 and N3, trailers of categories O3 and O4, and wheeled tractors of categories T1b, T2b, T3b, T4.1b, T4.2b, T4.3b and T5 used on public road for the purpose of carrying out commercial transport of goods;
4)
permit referred to in Article 106Requirements for the driver of an emergency vehicle, sec. 1 point 5 of the Act of 5 January 2011 on Vehicle Drivers;
4a)
document confirming the calibration of the alcohol interlock device, issued by the device manufacturer or its authorized representative;
4b)
receipt of arrest:
a) driving license or tram driving permit,
b) registration certificate or temporary permit,
c) professional registration certificate
– for the period in which it authorizes driving or using the vehicle;
4c)
driver qualification card, if required;
4d)
printout from the IT system of the relevant Polish sports association within the meaning of the provisions of the Act of 25 June 2010 on Sports (Journal of Laws of 2023, item 2048), containing information on possession of a motor sports license issued by that association, in the case of driving a passenger car intended for sports competitions;
4e)
a sports car logbook issued by the relevant Polish sports association within the meaning of the Act of June 25, 2010 on Sports, in the case of a passenger car intended for sports competitions;
5)
other documents, if such an obligation arises from a separate act.
2.
The driver of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland is obliged to carry and present, upon request of an authorized body, the documents referred to in paragraph 1, points 1 and 3a–5, as well as a document confirming the vehicle's roadworthiness and a document confirming the conclusion of a compulsory third-party liability insurance policy for the vehicle owner or proof of payment of the premium for such insurance.
2a.
In the case referred to in paragraph 2, in respect of a vehicle of category M2, M4, N2 and N3, a trailer of category O3 and O4 and a wheeled tractor of category T1b, T2b, T3b, T4.1b, T4.2b, T4.3b and T5 used on a public road for the commercial carriage of goods, the driver of the vehicle is obliged to carry with him/her and present at the request of an authorized body a document confirming that a technical inspection has been carried out, containing at least:
1)
VIN number or chassis number, or Vehicle frame;
2)
Vehicle registration number and country of registration;
3)
Place and date of the technical inspection;
4)
Identified defects and their categories;
5)
technical inspection result;
6)
current technical inspection expiry date;
7)
name of the inspection body or vehicle inspection station and the signature or registration number of the diagnostician who performed the technical inspection.
2b.
The obligation referred to in paragraph 2a does not apply to the driver of a new vehicle from the date of its first registration abroad until the date of the first periodic technical inspection.
2c.
The driver of a vehicle referred to in Article 73Vehicle registration paragraph 3 is obliged to carry and present, upon request of an authorized body, the documents referred to in paragraph 1, points 1, 4, and 5, as well as a document confirming the vehicle's roadworthiness.
3.
In the event of a vehicle test drive using a professional registration certificate and professional registration plates, the authorized entity referred to in Article 80sVehicle Registration Certificate and Vehicle Registration Plates, paragraph 2, or its employee, taking into account Article 80wConditions for Test Driving a Vehicle, paragraph 3, is obliged to carry and present, upon request of an authorized body, a document confirming the vehicle's roadworthiness.
Article 38, as of the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a press release in the Ministry of National Defence by the minister responsible for computerization in consultation with the minister responsible for transport shall read as follows:
1.
The driver of a vehicle is obliged to carry and present, upon request of an authorized body, the following documents required for a given type of vehicle or driver: 1) a document confirming the right to drive a vehicle other than a domestically issued driving license, a tram driving permit, or a temporary electronic driving license referred to in Article 4Documents confirming the right to drive vehicles section 1a of the Act of 5 January 2011 on vehicle drivers, if the driver does not have a domestically issued driving license, a tram driving permit, or a temporary electronic driving license;
2) (repealed)
3) (repealed)
3a)
certificate of a positive technical inspection of the vehicle's equipment with an alcohol interlock in the case referred to in Article 13Driving license validity periods and driving license requirements and restrictions, paragraph 5 point 7 of the Act of 5 January 2011 on Vehicle Drivers;
3b)
report from the last technical roadside inspection, if one was carried out – in the case of a vehicle of categories M2, M3, N2 and N3, trailers of categories O3 and O4, and wheeled tractors of categories T1b, T2b, T3b, T4.1b, T4.2b, T4.3b and T5 used on public road for the purpose of carrying out commercial transport of goods;
4)
permit referred to in Article 106Requirements for the driver of an emergency vehicle, paragraph 1 point 5 of the Act of 5 January 2011 on Vehicle Drivers;
4a)
document confirming the calibration of the alcohol interlock device, issued by the device manufacturer or its authorized representative;
4b)
receipt of arrest:
a) driving license or tram driving permit,
b) registration certificate or temporary permit,
c) professional registration certificate
– for the period in which it authorizes driving or using the vehicle;
4c)
driver qualification card, if required;
5)
other documents, if such an obligation results from a separate act.
Art. 39. Obligation to use seat belts
1.
The driver of a motor vehicle and any person transported in such a vehicle equipped with seat belts are obliged to use these belts while driving, subject to paragraph 3. 3, 3b, and 3c.
2.
The obligation to wear a seat belt does not apply to:
1)
a person with a medical certificate stating that they are not allowed to wear a seat belt;
2)
a woman who is visibly pregnant;
3)
taxi driver while transporting a passenger;
4)
instructor or examiner during training or examination;
5)
police officer, officer of the Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau, Border Guard, Customs and Tax Service, Prison Service, soldier of the Armed Forces Armed Forces of the Republic of Poland – while transporting a detained person(s);
6)
an officer of the State Protection Service while performing official duties;
6a)
a soldier of the Military Police while performing protective duties;
7)
a medical team while providing medical assistance;
8)
an escort when transporting cash;
9)
a sick or disabled person transported on a stretcher or in a wheelchair;
10)
a child under 3 years of age transported in a vehicle of categories M2 and M3;
11)
a child transported under the terms of Article 2reductions for rail and bus travel on the basis of single tickets, section 2 of the Act of 20 June 1992 on entitlements to reduced fares on public transport (Journal of Laws of 2024, item 380).
2a.
The driver of a vehicle of category M2 and M3, referred to in Annex 2 to the Act, equipped with seat belts is obliged to inform the occupants of the obligation to use these seat belts while driving, unless they have been informed of this obligation:
1)
by the person in the vehicle driving the group being transported, or
2)
using an audiovisual device, or
3)
by means of a sign placed visibly at each seating position, conforming to the model set out in the Annex to Council Directive 91/671/EEC of 16 December 1991 relating to the compulsory use of safety belts and child restraint systems in vehicles (OJ L 373, 31.12.1991, p. 26, as amended; OJ EU Special Polish Edition, Chapter 7, Vol. 1, p. 353, as amended), hereinafter referred to as "Directive 91/671/EEC".
3.
In a vehicle of categories M1, N1, N2 and N3, referred to in Annex 2 to the Act, equipped with seat belts or child restraint systems, a child less than 150 cm tall shall be transported, except in the case referred to in paragraph 1. 3b, in a child safety seat or other child restraint system that complies with:
1)
the child's weight and height, and
2)
the relevant technical specifications specified in European Union or UNECE regulations on child restraint systems in vehicles.
3a.
Child safety seats and other child restraint systems are installed in the vehicle in accordance with the device manufacturer's recommendations, which indicate how the device can be safely used.
3b.
It is permitted to transport a child of at least 135 cm tall in a vehicle of categories M1, N1, N2, and N3, referred to in Annex 2 to the Act, in the rear seat of the vehicle, restrained using a seat belt, in cases where due to the weight and height of the child, it is not possible to provide a child safety seat or other child restraint device that complies with the conditions referred to in paragraph 3.
3c.
A third child, at least 3 years old, may be carried in the rear seat of a vehicle in categories M1, N1, as referred to in Annex 2 to the Act, restrained using a seat belt, if two children are transported in child safety seats or other child restraint systems installed in the rear seats of the vehicle and it is not possible to install a third child safety seat or other child restraint system.
4.
The provision of paragraph 3 does not apply to the transport of a child:
1)
by taxi;
2)
by specialized means of ambulance transport, referred to in Article 36Emergency Medical Teams paragraph 2 of the Act of 8 September 2006 on State Emergency Medical Services (Journal of Laws of 2024, item 652);
3)
a vehicle of the Police, Border Guard, or municipal (city) guard;
4)
having a medical certificate stating that transporting a child in a child safety seat or other child restraint device is contraindicated.
5.
Medical certificates referred to in paragraph 2, point 1 and paragraph 4, point 4, include:
1)
first name and surname;
2)
registration number of the Universal Electronic System for Registration of the Population (PESEL), and in the case of a person without a PESEL number – the series, number, and name of the document confirming identity and the name of the country that issued the document;
3)
validity period;
4)
a graphic symbol consistent with the model specified in Article 5 of Directive 91/671/EEC.
6.
The Minister responsible for health, in consultation with the Minister responsible for transport, shall specify, by regulation, the templates for the medical certificates referred to in paragraph 2, point 1 and paragraph 2. 4 point 4, based on European Union regulations regarding the mandatory use of seat belts and child restraint systems in vehicles and bearing in mind the need to standardize the documents used.
Art. 40. Obligation to wear helmets by motorcyclists and moped riders
1.
The driver of a motorcycle, quadricycle or moped and any person transported on such vehicles are obliged to wear protective helmets while riding that meet the relevant technical requirements.
2.
The provisions of paragraph 1 does not apply to motorcycles factory-equipped with seat belts.
3.
The provision of par. 1 does not apply to quadricycles factory-equipped with a closed body and seat belts.
Art. 41. Obligation to use reflective elements by persons performing road works
A person performing road works or other activities is obliged to use reflective elements that meet the relevant technical requirements in a manner visible to other road users.
Art. 42. Independent movement on the road by a blind person
When moving independently on the road, a blind person is obliged to carry a white cane in a manner visible to other road users.
Art. 43. Use of the road by a child under 7 years of age
1.
A child under 7 years of age may use the road only under the supervision of a person who is at least 10 years of age. This does not apply to residential areas.
2.
(repealed)
3.
The provision of paragraph 1 does not apply to pedestrian routes.
Art. 44. Driving Obligations of a Vehicle Driver in the Event of a Road Accident
1.
In the event of a road accident, a vehicle driver is obligated to:
1)
stop the vehicle without endangering road safety;
2)
take appropriate measures to ensure road safety at the scene of the accident;
3)
immediately remove the vehicle from the scene of the accident so as not to endanger or obstruct traffic, provided there is no person killed or injured;
4)
provide your personal data, the personal data of the vehicle owner or keeper, and the details of the insurance company with which you have concluded a compulsory third-party liability insurance contract, at the request of the person involved in the accident.
2.
If a person is killed or injured in an accident, the driver of the vehicle is also obligated to:
1)
provide necessary assistance to the accident victims and call the emergency medical team and the Police;
2)
not take any action that could hinder the determination of the course of the accident;
2a)
until the Police arrive at the scene and investigate the accident. Refrain from consuming alcohol or substances with a similar effect;
3)
Remain at the scene of the accident, and if calling the emergency medical team or the police requires leaving, return to the scene immediately.
3.
The provisions of paragraphs 1 and 2 shall apply accordingly to other persons involved in the accident.
Art. 45. Prohibited behavior on the road
1.
It is prohibited to:
1)
drive a vehicle, lead a column of pedestrians, ride a horse, or drive animals while intoxicated, under the influence of alcohol or a substance with a similar effect;
2)
tow a vehicle driven by the person referred to in point 1;
3)
opening vehicle doors, leaving doors open, or getting out without ensuring that doing so will not endanger or impede traffic safety;
4)
using the road or individual parts thereof in a manner inconsistent with its intended purpose, unless specific regulations provide otherwise;
5)
entering the lane between carriageways;
6)
leaving objects on the road that could endanger traffic safety; However, if removing them is not possible, they must be marked in a visible manner both day and night;
7)
placing on or near the road devices that emit or reflect light in a way that causes blinding or misleading road users;
8)
arbitrarily placing or switching on, removing or switching off road signs and signals, as well as warning, safety or control devices on the road, as well as changing their position or covering them;
9)
littering or polluting the road;
10)
arbitrarily placing any signs, inscriptions, or symbols on the road.
2.
The driver of a vehicle is prohibited from:
1)
using a telephone while driving that requires holding the handset or microphone;
2)
carrying the person referred to in paragraph 1, point 1, on a bicycle, moped, or motorcycle, unless they are transported in a sidecar;
3)
carrying a passenger in a manner inconsistent with Art. 39obligation to wear seat belts, Art. 40obligation to wear helmets by motorcyclists and moped riders or art. 63transport of passengers sec. 1;
4)
carrying a child sitting rearward-facing in a child safety seat or other child restraint device in the front seat of a motor vehicle equipped with a passenger airbag that is active while the child is being transported;
5)
carrying a child under 3 years of age in a vehicle of categories M1, N1, N2, and N3, referred to in Annex 2 to the Act, not equipped with seat belts and a child safety seat child safety seat or seat belts or other child restraint devices;
6)
carrying a child shorter than 150 cm tall in the front seat of a motor vehicle, except in a child safety seat or other child restraint device.
Art. 46. Stopping and Parking a Vehicle - General Rules
1.
Stopping and parking a vehicle is permitted only in a place and under conditions where it is visible to other drivers from a sufficient distance and does not pose a threat to road safety or obstruct it.
2.
When stopping a vehicle on the roadway, the driver is obliged to park the vehicle as close as possible to the edge of the roadway and parallel to it.
3.
When parked on a road outside a built-up area, the vehicle should, whenever possible, remain off the roadway.
4.
The driver of a vehicle is obliged to follow the stopping or parking procedures indicated by road signs.
5.
The driver of a vehicle is obliged to secure the vehicle against unauthorized start-up and take other precautions necessary to avoid an accident while parked.
Art. 47. Stopping or parking a vehicle on a pedestrian path
1.
It is permitted to stop or park on a pedestrian path with the wheels of one side or the front axle of a motor vehicle with a permissible total weight not exceeding 2.5 t, provided that:
1)
there is no prohibition on stopping or parking on the given section of the roadway;
2)
the width of the sidewalk is no less than 1.5 m and will not impede pedestrian traffic;
3)
A vehicle placed with its front axle on a pedestrian path does not impede vehicle traffic on the roadway.
2.
It is permitted, provided the conditions specified in paragraph 1, points 1 and 2, to stop or park on a pedestrian path at the edge of the roadway. Another vehicle with a permissible gross vehicle weight not exceeding 2.5 tonnes may be parked entirely on a pedestrian path only in a place designated by appropriate road signs.
3.
Parking a bicycle, electric scooter, or personal transport device on a pedestrian path is permitted in a place designated for this purpose, and if such a place is not available, as close as possible to the outer edge of the pedestrian path furthest from the roadway and parallel to that edge, subject to the conditions specified in paragraph 1, point 2.
Art. 47a. Stopping a vehicle in a tunnel
The driver of a vehicle in a tunnel, when stopped due to traffic conditions or regulations, is obliged to maintain a distance of no less than 5 m from the vehicle in front.
Art. 48. Repealed
Art. 49. Prohibitions on stopping and parking vehicles
1.
It is prohibited to stop a vehicle:
1)
on a railway crossing, tram crossing, intersection, or within a distance of 10 m from such a crossing or intersection;
2)
on a pedestrian crossing, bicycle crossing, or within a distance of 10 m from such a crossing or intersection; On a two-lane road, this prohibition also applies beyond the crossing or level crossing;
3)
in a tunnel, on a bridge, or on an overpass;
4)
on the roadway along a continuous line and near its extremities, if this would force other drivers of multi-track vehicles to drive onto that line;
5)
on the road next to the broken line marking the edge of the road and on the road and on the shoulder next to the solid line marking the edge of the road;
6)
at a distance of less than 10 m from the front of a road sign or signal if it would be obscured by a vehicle;
7)
on the road at its left edge, except when stopping or parking a vehicle in a built-up area on a one-way road or on a two-way road with low traffic;
8)
on the lane between the carriageways;
9)
at a distance of less than 15 m from the post or sign marking the stop, and at a stop with a lay-by - along its entire length;
10)
at a distance of less than 15 m from the end points of the island, if the roadway on the right has only one lane;
11)
on pedestrian and bicycle paths, cycle paths, cycle lanes, and in bicycle locks, except for bicycles.
2.
Parking is prohibited:
1)
in a place that obstructs entry or exit, in particular to and from a gate, garage, parking lot, or parking bay;
2)
in a place that obstructs access to another properly parked vehicle or exiting that vehicle;
3)
before and after the railway crossing, on both sides of the road, on the section from the railway crossing to the indicator post with a single line;
4)
in a residential area, in a place other than designated for this purpose;
5)
in a built-up area, a vehicle or vehicle combination with a permissible gross vehicle weight exceeding 16 t or a length exceeding 12 m, outside the areas designated for this purpose Parking lots.
3.
It is prohibited to stop or park a vehicle on a motorway or expressway in any place other than designated for this purpose. If the vehicle is immobilized for technical reasons, the driver is obliged to remove the vehicle from the roadway and warn other road users.
4.
The prohibition on stopping or parking a vehicle does not apply to immobilization of the vehicle resulting from traffic conditions or regulations.
Art. 50. Obligation to signal when a vehicle or trailer is stopped
1.
The driver of a vehicle is obliged to signal when a motor vehicle or trailer is stopped due to damage or an accident:
1)
on a motorway or expressway - in every case;
2)
on other hard-surface roads:
a) outside built-up areas - when stopping on the roadway in a place where it is prohibited, and on the roadside if the vehicle is not visible from a sufficient distance,
b) in a built-up area - when stopping on the road in a place where stopping is prohibited.
2.
Parking the vehicle referred to in paragraph 1, should be signaled as follows:
1)
on a motorway or expressway - by:
a) switching on the vehicle's hazard warning lights, and if the vehicle is not equipped with hazard warning lights, switching on the sidelights;
b) placing a reflective warning triangle 100 m behind the vehicle; this triangle should be placed on the roadway or shoulder, depending on where the vehicle is stationary;
2)
on other roads:
a) outside built-up areas - by placing a reflective warning triangle 30-50 m behind the vehicle and switching on the hazard warning lights; If the vehicle is not equipped with hazard warning lights, the side lights must be turned on.
b) in built-up areas – by turning on the hazard warning lights, and if the vehicle is not equipped with hazard warning lights, the side lights must be turned on and a warning triangle must be placed behind or on the vehicle, at a height of no more than 1 m.
3.
The signals referred to in paragraphs 1 and 2 shall be valid at all times when the vehicle is stationary.
Art. 50a. Removal of a vehicle from the road at the owner's expense, as a result of failure to collect the vehicle on time
1.
A vehicle left without license plates or a vehicle whose condition indicates it is not being used may be removed from the road by the municipal police or the police at the owner's or keeper's expense.
2.
A vehicle removed in the manner specified in paragraph 1, not collected by an authorized person at the request of the municipality within 6 months of the date of removal, shall be deemed abandoned with the intention of being disposed of. This vehicle becomes the property of the municipality by operation of law.
3.
The provision of paragraph 2 shall not apply if the failure to collect the vehicle was due to reasons beyond the control of the obligated person.
4.
The provision of paragraph 2 shall apply accordingly if the person authorized to collect the vehicle has not been identified within 6 months of its removal.
5.
The Minister of Internal Affairs, guided by the principle of respect for property rights and the need to ensure order on public roads, shall determine, by regulation:
1)
the detailed procedure and units and conditions for their cooperation in the removal of vehicles without license plates or whose condition indicates that they are not being used;
2)
procedure for taking over ownership of a vehicle by the municipality.
Art. 51. Rules for the use of low beam headlights, daytime running lights, and high beam headlights
1.
The driver is obliged to use low beam headlights when driving in clear conditions.
2.
From dawn to dusk, in clear conditions, the driver may use daytime running lights instead of low beam headlights.
3.
From dusk to dawn, on unlit roads, instead of or in addition to low beam headlights, a driver may use high beam headlights, provided they do not blind other drivers or pedestrians moving in a convoy. A driver of a vehicle using high beam headlights is obliged to switch to low beam headlights when approaching:
1)
an oncoming vehicle, provided that if one of the drivers has switched off the high beam headlights, the other is obliged to do the same;
2)
an in front vehicle, if the driver may be dazzled;
3)
a rail or water vehicle, if they are travelling in such a distance that there is a risk of blinding the drivers of these vehicles.
4.
(repealed)
5.
On a winding road marked with appropriate road signs, the driver may use front fog lights from dusk to dawn, even in conditions of normal air clarity.
6.
The provisions of paragraphs 1-3 do not apply to drivers of vehicles not equipped with low beam, high beam, or daytime running lights. Drivers of such vehicles are required to use the lights that are mandatory equipment from dusk to dawn or in tunnels.
7.
The provisions of paragraphs 1-5 apply accordingly when stopping the vehicle due to traffic conditions or regulations. If the stop lasts more than 1 minute, the vehicle's external lights may be turned off if there are other vehicles in the same lane, in front of and behind the vehicle.
Art. 52. Using lights when stopping and parking a vehicle
1.
The driver of a motor vehicle or rail vehicle is obliged to use front and rear position lights or parking lights in conditions of insufficient visibility, when stopping for reasons other than traffic conditions or road traffic regulations, and when standing still. In a vehicle not coupled to a trailer or in a vehicle combination not exceeding 6 m in length, parking lights may only be switched on from the center of the roadway.
2.
When stopping or standing in a place that is sufficiently lit to ensure the vehicle's visibility or located outside the roadway and shoulder, all vehicle lights may be switched off. This regulation does not apply to rail vehicles or vehicles carrying equipment or cargo that protrudes beyond the vehicle and requires separate markings.
3.
A light illuminating roadside objects (a searchlight) may only be turned on when stopped or parked, provided it does not blind other road users. This restriction does not apply to emergency vehicles.
Art. 53. Emergency vehicles and their drivers' authorizations
1.
An emergency vehicle in road traffic may be a motor vehicle:
1)
fire protection unit;
2)
emergency medical team;
3)
Police;
4)
Chemical Rescue Units;
5)
Border Guard;
5a)
Supervision Office Internal Security Agency;
6)
Internal Security Agency;
7)
Intelligence Agency;
7a)
Central Anticorruption Bureau;
7b)
Military Counterintelligence Service;
7c)
Military Intelligence Service;
8)
Armed Forces of the Republic of Poland;
9)
Prison Service;
10)
State Security Service;
10a)
(repealed)
10b)
(repealed)
10c)
municipal (city) guards;
10d)
entities authorized to perform mountain rescue tasks;
10e)
National Park Service;
10f)
entities authorized to perform water rescue tasks;
10g)
National Tax Administration used by the Customs and Tax Service;
11)
Road Transport Inspectorate;
12)
a unit not listed in points 1-11, if it is used in connection with saving human life or health - pursuant to a permit from the Minister of Internal Affairs.
1a.
The Minister of Internal Affairs shall declare the permit referred to in paragraph 1 to have expired. 1 point 12, when the circumstances justifying the use of the vehicle as an emergency vehicle cease to exist.
2.
The driver of an emergency vehicle may, provided that due care is exercised, disregard the regulations on vehicle traffic, stopping and parking, and road signs and signals only if:
1)
they participate:
a) in an operation related to saving human life, health, or property, or the need to ensure public safety or order, or
b) in the passage of a column of emergency vehicles,
c) in the performance of tasks directly related to ensuring the safety of persons holding managerial positions in the State who are entitled to such privileges under separate provisions protection;
2)
the vehicle emits both light and sound signals; The use of the horn is not required after the vehicle has stopped;
3)
the vehicle's high or low beam headlights are on.
3.
The driver of an emergency vehicle is obliged to comply with the instructions and signals given by persons directing traffic or authorized to control it.
4.
The Minister of Internal Affairs, taking into account in particular the need to ensure order, efficiency, and safety of road traffic, will determine, by regulation, the circumstances in which emergency vehicles are used in motorcades.
Art. 54. Rules for the movement of vehicles performing roadworks
1.
A vehicle performing cleaning, repair, or modernization work on the road should display yellow flashing lights.
2.
The driver of the vehicle referred to in paragraph 1, may, provided that special care is taken, disregard the provisions on the obligation to drive on the road or on its right edge and on stopping and parking, provided that:
1)
On one-way roads and outside built-up areas, when clearing snow from the road, driving on the left edge of the road is also permitted;
2)
Driving on a pedestrian route is permitted only when ensuring the safety of pedestrians.
2a.
The driver of the vehicle referred to in paragraph 1, may use a motorway or expressway even if the vehicle is not a motor vehicle or its design prevents it from reaching a speed of at least 40 km/h.
3.
A vehicle that, due to its design, load, or unusual behavior on the road, may pose a threat to road safety should emit yellow flashing lights.
4.
It is prohibited, subject to Article 31, to tow a motor vehicle, paragraph 1 point 5, using yellow flashing lights for purposes other than those specified in paragraphs 1 and 3.
Art. 55. Vehicle for Driving Instruction or State Examination
1.
Vehicles for driving instruction or state examinations shall be marked with a square blue plate with a white letter "L" placed on the vehicle. In conditions of insufficient visibility, the plate placed on the vehicle, except for the plate on a motorcycle, should be illuminated. The plate marking the motorcycle must be made of reflective material.
2.
When driving a driving school vehicle by a person other than the person applying for a driving license, the plate referred to in paragraph 1 must be covered or folded.
3.
The driver of the vehicle must exercise particular caution when passing or following the vehicle referred to in paragraph 1.
Art. 56. Repealed
Art. 57. Marking of vehicles transporting children
1.
A vehicle transporting an organized group of children or young people up to 18 years of age shall be marked at the front and rear with square yellow plates with a black children's symbol. In conditions of poor visibility, the plates should be illuminated, unless they are made of reflective material. The driver of this vehicle is obliged to turn on the hazard warning lights when children or young people are boarding or alighting.
2.
The driver of the vehicle, when passing the vehicle referred to in paragraph 1, is obliged to exercise particular caution when children or young people are boarding or alighting and to stop if necessary.
3.
It is prohibited to mark the vehicle with the plates referred to in paragraph 1 when children or young people are not being transported.
Art. 57a. School Bus
1.
The driver of a school bus is required to turn on the hazard warning lights when boarding or alighting children.
2.
The driver of a vehicle is required to exercise extreme caution when passing a school bus.
3.
If the school bus is carrying other people or is not carrying any people, signs reading "bus" "school" should be removed, covered, or folded.
Art. 58. Markings of vehicles designed for the transport of disabled persons
1.
A vehicle designed for the transport of disabled persons shall be marked at the front and rear with blue plates with the international wheelchair symbol in white. These plates should be made of reflective material. The driver of this vehicle is obliged to turn on the hazard warning lights when a disabled person is boarding or alighting.
2.
The driver of the vehicle, when passing the vehicle referred to in paragraph 1, is obliged to exercise particular caution when a disabled person is boarding or alighting and to stop if necessary.
Art. 59. Markings of vehicles registered in Poland and abroad
1.
A vehicle registered in the Republic of Poland that is to be used in international traffic should be marked with a sign with the letters "PL".
2.
A vehicle registered abroad participating in traffic on the territory of the Republic of Poland should be marked with a sign identifying the country in which it is registered.
3.
The obligation referred to in paragraphs 1 and 2 is deemed to be met if the registration plate bears a symbol indicating the country in which the vehicle was registered.
Art. 60. Prohibitions related to vehicle marking and use
1.
It is prohibited to:
1)
use the vehicle in a manner that endangers the safety of any person inside or outside the vehicle;
2)
cover lights and signaling devices, license plates, or other required signs or markings that must be visible;
3)
decorating license plates or placing signs, inscriptions, or objects on the front or rear of the vehicle that impair the legibility of these plates;
3a)
placing license plates (plates) on the vehicle in a location other than the one structurally intended for that purpose;
3b)
placing single-row, reduced-size license plates on the vehicle, If the vehicle does not have a reduced space designed to accommodate a license plate;
4)
place on the vehicle a sign designating a country other than the one in which the vehicle was registered.
1a.
Maintaining license plates and other required vehicle markings in proper condition and ensuring their legibility is the driver's responsibility.
2.
The driver is prohibited from:
1)
moving away from the vehicle while the engine is running;
2)
using the vehicle in a manner that causes nuisance due to excessive exhaust emissions or excessive noise;
3)
leaving the engine running while parked in a built-up area; this does not apply to a vehicle performing road work;
4)
pulling behind the vehicle the driver of an electric scooter or personal transport device, a person using a mobility aid, a person on a sled or other similar device, an animal, or a load;
5)
using tires with permanently installed anti-skid elements.
3.
The use of snow chains on tires is only permitted on snow-covered roads.
4.
The prohibition referred to in paragraph 2 point 5, does not apply to:
1)
motor vehicles participating in winter rallies and winter races with the consent of the road administrator, expressed in the manner specified in Art. 65aObligations of the road event organizer, paragraph 3 point 7a;
2)
bicycles.
Art. 61. Carrying cargo
1.
The cargo must not cause the permissible gross vehicle weight or permissible payload to be exceeded.
2.
The cargo must be placed on the vehicle in such a way that:
1)
does not cause the permissible axle loads of the vehicle to be exceeded on the road;
2)
does not affect the vehicle's stability;
3)
does not impede the vehicle's steering;
4)
does not restrict the view of the road or obscure lights, signaling devices, license plates, or other signs or signs with which the vehicle is equipped.
3.
Cargo placed on a vehicle should be secured against shifting position or causing excessive noise. It must not have an offensive appearance or emit an offensive odor.
4.
Load securing devices must be secured against loosening, hanging freely, or falling while driving.
5.
Loose cargo may only be placed in a tight cargo box, additionally secured with appropriate curtains to prevent spillage onto the road.
6.
Load protruding beyond the vehicle's outline planes may only be placed on the vehicle if the following conditions are met:
1)
Load protruding beyond the vehicle's side outline planes may only be placed so that the total width of the vehicle with the load does not exceed 2.55 m, and if the vehicle is 2.55 m wide, does not exceed 3 m, provided, however, that the load is placed so that it does not protrude more than 23 cm on one side;
2)
Load may not protrude from the rear of the vehicle by more than 2 m from the rear outline plane of the vehicle or vehicle combination; In the case of a stanchion trailer, this distance is measured from the trailer axle;
3)
The load must not protrude from the front of the vehicle by more than 0.5 m from the front outline plane and more than 1.5 m from the driver's seat.
7.
When transporting long timber, the load is permitted to protrude from the rear of the stanchion trailer by no more than 5 m.
8.
Load protruding beyond the front or side of the vehicle should be marked. This also applies to cargo that protrudes beyond the rear of the vehicle by more than 0.5 m.
9.
The following cargo markings are established:
1)
Load protruding from the front of the vehicle shall be marked with an orange flag or two white and two red stripes, visible from the sides and front of the vehicle, and during periods of poor visibility, additionally with a white light placed on the most forward-protruding part of the cargo;
2)
the load protruding from the side of the vehicle shall be marked with an orange flag of at least 50 x 50 cm, placed at the most protruding edge of the load, and additionally, during periods of insufficient visibility, with a white reflector facing forward and a red light and a red reflector facing rearwards; these lights should not be located more than 40 cm from the most protruding edge of the load; If the length of the load protruding from the side, measured along the vehicle, exceeds 3 m, the flag and lights shall be placed at the front and rear of the load, respectively;
3)
Loads protruding from the rear of the vehicle shall be marked with white and red stripes placed directly on the load or on a disc on its rear surface or on a geometric shape (e.g., a cone, pyramid) suspended from the end of the load; the total area of the stripes visible from the rear must be at least 1000 cm2, with no fewer than two stripes of each color; in addition, during periods of poor visibility, a red light and a red reflector shall be placed on the rearmost edge of the load; When transporting long timber, instead of marking with white and red stripes, it is permitted to mark the end of the load with an orange flag or shield;
4)
Load protruding from the rear of a passenger car or a trailer pulled by a passenger car may be marked with a red flag measuring at least 50 x 50 cm, placed at the most protruding edge of the load.
10.
The height of the loaded vehicle must not exceed 4 m.
11.
(repealed)
12.
(repealed)
13.
(repealed)
14.
(repealed)
15.
When transporting timber, its actual mass is determined as the product of the cargo volume and the standard density established for a given species of timber.
16.
The Minister responsible for the Environment and the Minister responsible for the Economy In consultation with the minister responsible for transport, they shall determine, by regulation, the density of wood, taking into account, in particular, the species of wood used in industry and construction, its type and the form in which it is transported, bearing in mind the need to determine the mass of transported wood in order to avoid exceeding the axle loads of vehicles and limit the negative impact on the technical condition of roads.
17.
The minister responsible for transport may determine, by regulation, the method of transporting cargo, taking into account the method of its distribution and the impact of securing the cargo on the vehicle, as well as ensuring road safety and environmental protection.
Art. 62. Towing Trailers
1.
The actual gross vehicle weight of a trailer towed by:
1)
a passenger car, a truck with a gross vehicle weight not exceeding 3.5 t, or a bus - must not exceed the actual gross vehicle weight of the towing vehicle;
2)
a truck with a gross vehicle weight exceeding 3.5 t - must not exceed the actual vehicle weight the gross vehicle weight of the vehicle increased by 40%;
3)
motorcycle or moped - the unladen weight of the motorcycle or moped cannot exceed the gross vehicle weight of the vehicle, but cannot exceed 100 kg.
2.
The provision of paragraph 1 does not apply to semi-trailers.
3.
The provisions of section 1 and 2 do not apply to vehicles of the Armed Forces of the Republic of Poland, the Police, the Border Guard, or firefighting units.
4.
A vehicle combination may consist of a maximum of 3 vehicles, and a combination towed by a motor vehicle other than an agricultural tractor or a slow-moving vehicle may consist of 2 vehicles.
4a.
The length of a two-vehicle combination may not exceed 18.75 m, and that of a three-vehicle combination may not exceed 22 m, except for a vehicle combination consisting of:
1)
motor vehicle and semi-trailer, the length of which cannot exceed 16.5 m;
2)
motorcycle and trailer, moped and trailer, bicycle and trailer, bicycle cart and trailer, the length of which cannot exceed 4 m.
4b.
Passage of a vehicle combination:
1)
composed of a number of vehicles greater than the number specified in paragraph 4 requires a permit referred to in Art. 64dCategory VII permit for the passage of an oversized vehicle;
2)
of a length greater than the one specified in paragraph 4a requires a permit referred to in Art. 64cCategory III-VI permit for the passage of an oversized vehicle or Art. 64dCategory VII permit for the passage of an oversized vehicle.
5.
The lengths of vehicle combinations specified in paragraph 4a do not apply to trams.
Art. 63. Transportation of passengers
1.
Passenger transport may only be performed by a vehicle designated or adapted for this purpose. The number of persons transported may not exceed the number of seats specified in the registration certificate, subject to paragraph 4. In a vehicle not subject to registration, the number of persons transported depends on the vehicle's design purpose.
2.
It is permitted to transport persons in a truck outside the driver's cab, provided that:
1)
the vehicle meets the required technical conditions for passenger transport;
2)
persons are not positioned between the load and the driver's cab;
3)
passengers are transported in seats;
4)
the vehicle does not exceed a speed of 50 km/h.
3.
It is prohibited to transport people in a trailer, except that the following are permitted:
1)
children to and from schools or kindergartens in a trailer adapted for transporting people, pulled by an agricultural tractor;
2)
guards, work crews, and persons performing loading operations in a trailer pulled by an agricultural tractor, provided that:
a) the number of people transported does not exceed 5,
b) standing persons hold on to the handrails,
c) persons are not positioned between the load and the front wall of the trailer,
d) the speed of the vehicle combination does not exceed 20 km/h;
3)
persons in the trailer(s) of a tourist train, provided that these persons are transported only in seats;
4)
children in a trailer designed to carry people, pulled by a bicycle or bicycle stroller.
4.
The provisions of paragraphs 1-3 do not apply to transport in vehicles of the Armed Forces of the Republic of Poland, the Police, the Border Guard, the Prison Service, or fire protection units.
5.
The driver of a motor vehicle carrying a person is prohibited from smoking or eating while driving. This does not apply to the driver of a truck who transports a person in the driver's cab, or to the driver of a passenger car, with the exception of a taxi.
6.
The Minister of National Defense will determine, by regulation, the conditions for the transport of passengers in vehicles of the Armed Forces of the Republic of Poland, taking into account the safety of the transported persons.
7.
The Minister of Internal Affairs and the Minister of Justice will determine, by regulation, the conditions for the transport of passengers in vehicles of the Police, Border Guard, Prison Service, and fire protection units, taking into account the safety of the transported persons. people.
Art. 64. Oversized Vehicle Movement
1.
Oversized vehicle movement is permitted provided that:
1)
a permit for the passage of an oversized vehicle of the appropriate category is obtained, issued by way of an administrative decision by the competent authority, and in the case of an oversized vehicle belonging to the Armed Forces of the Republic of Poland, a military permit for road passage is obtained, issued by the competent military authority;
2)
comply with the conditions of passage specified in the permit referred to in point 1;
3)
accompany the passage of an oversized vehicle under the conditions and in the manner specified in the regulations issued pursuant to Article 64iRegulation on the granting of permits and the passage of oversized vehicles, paragraph 2, including the required number of vehicles equipped and marked in accordance with these regulations;
4)
exercise special caution by drivers of oversized vehicles.
2.
It is prohibited to transport loads other than indivisible loads using oversize vehicles, with the exception of oversize vehicles authorized to drive on the basis of a Category I permit.
3.
The dimensions, weights, and axle loads of oversize vehicles authorized to drive on the basis of Category I–V permits, as well as the roads on which these vehicles may travel, are specified in the table constituting Annex 1 to the Act.
4.
The driver of an oversized vehicle is obliged to carry and present to authorized persons the permit referred to in paragraph 1, point 1.
5.
The authority issuing the permit for the passage of an oversized vehicle maintains a register of issued permits. The following data is entered in the register:
1)
permit number;
2)
permit issue date;
3)
permit category;
4)
the entity to which the permit was issued;
5)
the vehicle or vehicle combination, if specified in the permit.
Article 64a. Repealed
Article 64b. Category II Permit for the Transit of an Oversized Vehicle
1.
A Category I permit is issued for the transit of an oversized slow-moving vehicle, an agricultural tractor, or a vehicle combination consisting of a slow-moving vehicle or an agricultural tractor and a special trailer.
2.
The permit is issued at the request of the entity performing the transit. The application must be accompanied by proof of payment of the permit fee.
3.
The permit is issued by the district head competent for the applicant's registered office or the starting point of the journey. The permit is issued after payment of the fee, within 3 business days of submitting the application.
4.
The permit is issued for a period of 12 months and specifies:
1)
entity performing the journey;
2)
vehicle used for the journey.
5.
The provisions of Article 64Oversize vehicle traffic, paragraph 1, point 3, shall not apply to the movement of oversize vehicles referred to in paragraph 1.
Art. 64c. Category III-VI Permit for the Transit of Oversized Vehicles
1.
Category II-IV permits for the transit of oversized vehicles are issued for the period specified in the application: one month, six months, 12 months, or 24 months.
2.
The permit is issued at the request of the interested entity. The application must be accompanied by proof of payment of the permit fee.
3.
The permit is issued by:
1)
the starosta with jurisdiction over the applicant's registered office or the starting point of the journey - for category II permits;
2)
the General Directorate for National Roads and Motorways - for category III and IV permits.
4.
Category II and III permits are also issued by the head of the customs and tax office upon entry into the territory of the Republic of Poland.
5.
A Category III permit entitles the holder to use vehicles and roads specified for a Category II permit.
6.
(repealed)
7.
The permit is issued after payment of the fee, within 3 business days of submitting the application. If the permit is not issued, the fee will be refunded.
8.
The permit is issued to the entity performing the journey, without specifying the vehicle to be used.
9.
An entity holding a category IV permit planning to cross a bridge or viaduct on roads other than national roads with a vehicle whose actual gross vehicle weight exceeds the permissible limit is obliged to notify the road authority responsible for that bridge or viaduct in writing of the date and route of the planned crossing within 7 business days before the planned crossing date, with the 7th day of the deadline being the final day of receipt of the notification by the authority.
10.
In the case referred to in paragraph 9, no later than 3 days before the planned date of passage, shall confirm receipt of the notification and may specify the conditions for passage over the bridge or viaduct or raise a justified objection.
11.
The conditions for passage of an oversized vehicle over a bridge or viaduct shall be specified by the road administrator, establishing, as necessary, traffic restrictions, the method of passage, and the adaptation of the structure for passage.
12.
The road administrator may raise an objection referred to in para. 10, if the technical condition of the bridge or viaduct over which an oversized vehicle is planned to pass, determined pursuant to the provisions of the Construction Law, prevents such passage.
13.
It is prohibited to pass over a bridge or viaduct in the event of an objection or in violation of the conditions for passage over this structure.
Art. 64d. Category VII Permit for the Passage of an Oversized Vehicle
1.
A Category V permit for an oversized vehicle is issued for a single or multiple journey on public roads within a designated time, on the route specified in the permit. A permit is issued for a vehicle whose movement, due to its dimensions, weight, or axle loads, is not permitted under Category I-IV permits.
2.
A permit may be issued provided that:
1)
the load is indivisible;
2)
permission for the passage has been obtained from the road authority responsible for the route;
3)
There are possibilities to designate a route that ensures road safety and efficiency, in particular:
a) traffic volume allows for the safe passage of an oversized vehicle,
b) the technical condition of structures located along the route in question, determined based on the provisions of the Building Law, allows for passage,
c) the passage does not pose a threat to the technical condition of buildings located near the route.
3.
The permit is issued upon request of the interested entity. The application must be accompanied by proof of payment of the permit fee. If the permit is not issued, the fee will be refunded.
4.
The permit is issued, after consultation with other road administrators and after payment of the fee, by the General Directorate for National Roads and Motorways, within 14 business days of the date of submission of the application, subject to paragraph 3. 5. If the route of an oversized vehicle runs within the administrative boundaries of a city with district rights and does not run along a motorway or expressway, the permit is issued by the city mayor.
5.
The road administrator responsible for the road category on which the planned route is to be used shall agree on the route within 7 business days of receiving a written request from the authority issuing the permit, taking into account the travel conditions and the technical condition of the road. If there is no response to the inquiry, the route is deemed agreed.
6.
If the passage of an oversized vehicle requires the extent of adaptation of the road infrastructure located along the route, the permit issuance deadline may be extended to 30 days, provided that the issuing authority is obligated to notify the applicant within 7 days of submitting the application.
7.
The costs associated with adapting road sections to accommodate the passage of an oversized vehicle are borne by the entity performing the passage.
8.
The costs referred to in paragraph 7, include the costs of adapting road infrastructure along the route of an oversized vehicle, supplies, services, or works indicated in the oversized vehicle permit, including the costs of:
1)
performing necessary expertise and tests of road sections and road engineering structures;
2)
preparing the necessary design and cost estimate documentation;
3)
temporary Removing road clearance restrictions;
4)
Reinforcing sections of roads and road engineering structures;
5)
Performing safety works along the vehicle route;
6)
making geometric corrections to the route or intersections along it;
7)
building or adjusting local detours along the vehicle's route;
8)
performing work to restore road sections to their previous condition or to a condition agreed with the relevant road administrator;
9)
making changes to the traffic organization or restoring it to its previous state or to the state agreed upon with the relevant road administrator.
9.
The permit is issued to an entity operating a non-standard vehicle, specifying:
1)
the validity period of the permit;
2)
route;
3)
number of journeys;
4)
vehicle in which the journey will be made;
5)
travel conditions, incl. including the extent of road infrastructure adaptations along the route;
6)
the method of escorting, if required.
10.
The permit is valid for the period of:
1)
14 days - in the case of a single-pass permit,
2)
30 days - in the case of a multiple-trip permit
- counted from the date indicated in the permit application.
11.
The fee for issuing a permit is determined according to the formula:
On = pj + (n - 1) x 0.7 x pj,
where the individual symbols denote:
- On - the fee for issuing a permit,
- n - the number of journeys by an oversized vehicle,
- pj - the fee rate for issuing a permit for a single journey by an oversized vehicle.
Article 64e. Exclusion of application of the provisions to certain categories of vehicles
1.
The provisions of Article 64Operation of non-standard vehicles, paragraph 1, points 1 and 2, and paragraph 2 and 3 and Art. 64b–64d do not apply to:
1)
buses - within the axle load range;
2)
vehicles whose width and length without load are not greater than the permissible ones, carrying cargo under the terms of Art. 61, Carrying cargo, sec. 6, 8, and 9;
3)
a vehicle participating in rescue operations and in the direct elimination of the effects of natural disasters;
3a)
a vehicle delivering equipment and supplies to hospitals necessary to combat infections and infectious diseases during the period of an epidemic threat or epidemic declared pursuant to the Act of December 5, 2008, on the Prevention and Control of Infections and Infectious Diseases in Humans (Journal of Laws of 2023, items 1284, 909, and 1938);
4)
road authority vehicle;
5)
vehicle of the Police, Road Transport Inspectorate, State Protection Service, Internal Security Agency, Intelligence Agency, Central Anticorruption Bureau, Border Guard, Prison Service, National Revenue Administration used by the Customs and Tax Service, and fire protection units, performing the tasks of these services.
1a.
In the event of a vehicle transiting the road referred to in paragraph 1, point 3a, the entity performing the transit shall inform the road authorities responsible for the route.
2.
The Minister responsible for transport may, by administrative decision, exempt a vehicle carrying out a journey as part of a humanitarian or medical aid operation from the requirement to obtain a permit for the passage of an oversized vehicle, provided that the consent of the road administrators responsible for the route is obtained.
3.
The exemption referred to in paragraph 2 shall be issued at the request of the interested entity carrying out the journey and the competent state or local government authority or humanitarian organization.
Art. 64ea. Recognition of a journey by an oversized vehicle without a permit
In the event of a journey by an oversized vehicle under a permit referred to in Article 64Oversized Vehicle Movement, paragraph 1, point 1, of a category other than the required one, or under a category V permit with technical parameters of the vehicle or vehicle combination exceeded as indicated in that permit, the journey by the oversized vehicle is deemed to have been performed without a permit.
Article 64f. Fee Rates for a Permit to Pass an Oversized Vehicle
1.
The maximum fees for issuing a permit for the passage of an oversized vehicle are established in:
1)
Category I – PLN 120;
2)
Category II – PLN 2,400;
3)
4)
Category IV – PLN 5,800;
5)
Category V for a single journey:
a) a vehicle whose dimensions exceed the values established for categories II and III and whose axle loads and weight do not exceed the permissible limits – PLN 600,
b) in other cases – PLN 2,000.
2.
The maximum fees for issuing a permit are changed annually for the following calendar year to a degree corresponding to the average annual consumer price index for all goods and services, published by the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski".
3.
The Minister responsible for transport will determine, by regulation, the fees for issuing a permit for the passage of an oversized vehicle in individual permit categories, taking into account the period for which the permit will be issued, the costs of issuing the permit, and the degree of impact of the passage of an oversized vehicle on infrastructure. road.
Art. 64g. Purpose of fees for oversized vehicle permits
1.
Fees for issuing oversized vehicle permits are transferred by:
1)
the district head – to the budgets of the relevant local government units, for category I and II permits;
2)
the head of the customs and tax office – to the budget of the district competent for the seat of the head of the customs and tax office, for Category II permits;
3)
Head of the Customs and Tax Office and the General Directorate for National Roads and Motorways – to a separate bank account of the General Directorate for National Roads and Motorways, for category III–V permits;
4)
President of a city with district rights – to the city budget, for category V permits.
2.
Funds from fees collected in a separate bank account of the General Directorate for National Roads and Motorways are transferred within the first two business days following the week in which the permit is issued to the account of the National Road Fund, to be used for the construction or reconstruction of national roads, road engineering structures, and ferry crossings, as well as for the purchase of vehicle weighing equipment.
3.
Customs and tax offices receive a commission on the fees collected for issuing the permit, amounting to 12% of the fee collected.
4.
The commission referred to in paragraph 3 constitutes state budget revenue.
5.
Customs and tax offices deduct the commission from the fees for issuing the permit, and transfer the remaining fee, within 4 days after the end of each subsequent 10th day of the month, to the entities specified in paragraph 1, points 2 and 3, respectively.
Article 64h. Selection of the manufacturer of oversize vehicle permit forms
The Minister responsible for transport shall select the manufacturer of oversize vehicle permit forms.
Article 64i. Regulation on the Granting of Permits and the Transit of Oversized Vehicles
1.
The Minister responsible for transport shall determine, by regulation:
1)
conditions for the distribution of blank permits for the passage of oversized vehicles,
2)
method and procedure for issuing permits for the passage of oversized vehicles,
3)
conditions for determining the route and criteria for determining the conditions for the passage of oversized vehicles, including passage over a bridge or viaduct,
4)
templates of permits for the passage of oversized vehicles and templates of documents related to the issuance of these permits
- taking into account the need to standardize permits and facilitate their identification and the efficient distribution of permit forms, as well as the need to ensure the efficiency and transparency of the administrative procedure for issuing permits, the safety of road infrastructure, and the safety of oversized vehicles.
2.
The Minister responsible for Transport, in consultation with the Minister responsible for Internal Affairs, shall determine, by regulation, the detailed conditions and procedures for escorting oversized vehicles, as well as the equipment and markings of vehicles performing escorting, taking into account the need to ensure the visibility of oversized vehicles and road safety during such a journey.
3.
The Minister responsible for Internal Affairs and the Minister of Justice, in consultation with the Minister responsible for Transport, shall determine, by regulation, the conditions for the movement of oversized vehicles on roads, as referred to in in Article 64eexclusion of application of the provisions to certain categories of vehicles paragraph 1 point 5, taking into account the need to ensure order, efficiency, and safety of road traffic.
4.
The Minister of National Defense shall determine, by regulation:
1)
military authorities competent to issue military permits for road crossings,
2)
the method and procedure for issuing military permits for road crossings,
3)
templates of military permits for road crossings and templates of documents related to their issuance,
4)
method of organizing and marking vehicle convoys,
5)
conditions and method of escorting vehicles of the Armed Forces of the Republic of Poland and the marking and equipment of the escort vehicle
- taking into account the need to standardize the procedure for issuing military permits for road crossings, the efficiency of issuing military permits for road crossings and ensuring road safety during the passage of vehicles of the Armed Forces of the Republic of Poland.
Art. 65. Special use of the road
Sports competitions, rallies, races, passenger transport by tourist train, and other events that cause traffic disruptions or require special use of the road may be held provided that safety and order are ensured during the event and a permit is obtained for its conduct.
Art. 65a. Event Organizer's Obligations on the Road
1.
The event organizer is obligated to ensure the safety of those present at the event and maintain order during the event.
2.
The event organizer is obligated to ensure:
1)
compliance with the requirements specified in particular in construction law, sanitary regulations, fire protection regulations, and environmental protection regulations;
2)
distinguished by uniforms for security and information services;
3)
medical and pre-medical assistance, adapted to the number of event participants, as well as appropriate hygiene and sanitary facilities;
4)
evacuation routes and roads enabling access for rescue services, the Police, Border Guard, and Gendarmerie Military;
5)
conditions for organizing communication between entities participating in event security;
6)
rescue and fire-fighting equipment and fire-extinguishing agents necessary to support rescue and fire-fighting operations;
7)
if necessary, a room for the event security services;
8)
technical measures necessary to secure the event, in particular:
a) warning and information signs or boards,
b) ropes, tapes, or ribbons used to mark the route or venue of the event,
c) barriers, fences, or partitions used to delimit the venue of the event.
3.
The event organizer is obligated to:
1)
agree with road traffic management authorities on the route on which the event is to be held;
2)
cooperate with the Police and, if the event takes place in the border zone or on roads running through or adjacent to areas managed by organizational units subordinated to or supervised by the Minister of National Defense, or on roads adjacent to such areas, with the Border Guard or Military Police, as appropriate:
a) by agreeing on the route or location of the event,
b) by following instructions regarding the proper security of the event,
c) by making a joint tour of the event route or venue;
3)
prepare a plan specifying the methods of ensuring public safety and order during the event in the individual voivodeships, including:
a) a list of members of the security service, their location, and the distinctive clothing of these individuals,
b) a written instruction specifying the tasks of the security service, developed in consultation with the Police,
c) the type and quantity of technical means referred to in paragraph 2, point 8, and their location,
d) the types, scope, and method of emergency response for the event, in consultation with the relevant district commander of the State Fire Service and other emergency services, including the appropriate unit administrator within the meaning of the Act of September 8, 2006 on State Emergency Medical Services,
e) the method of marking hazardous areas for event participants,
f) marking of vehicles participating in the event and accompanying the event,
g) the types of permits allowing persons or vehicles to move in areas closed to public traffic,
h) the organization of wireless communication between the event organizer and the Police during the event,
i) the method of providing information about traffic restrictions resulting from the course of the event - before and during the event,
j) the route of the event and roads providing access to the individual stages of the event, on which passenger cars intended for sports competitions participating in the event will travel;
4)
develop the regulations and program of the event;
5)
arrange with the Police and, if the event takes place in the border zone or on roads running through or adjacent to areas managed by organizational units subordinated to or supervised by the Minister of National Defense, with the Border Guard or Military Police, respectively, the dates of joint meetings to be held to agree on matters related to event security;
6)
ensure the implementation of the plan referred to in point 3;
7)
agree with the road authority on the area of use of the road lane and the method and deadline for restoring it to its previous condition;
7a)
obtain the road authority's consent for the participation of motor vehicles equipped with tires with permanently installed anti-skid elements in them;
8)
notify public transport companies of the expected duration of traffic disruptions;
9)
at the request of the road traffic management authority, develop a traffic management plan in consultation with the Police;
10)
provide detailed information regarding the event at the request of the Police or other entities listed in points 1, 2, 7, and 8, and the voivode competent for the location of the event, if they are necessary to perform their duties in order to ensure public safety and order;
11)
provide public information on traffic disruptions resulting from the planned event.
4.
Security and order during events are ensured by the Police, provided that if the event takes place in a border zone or is carried out on roads running through or adjacent to areas managed by organizational units subordinated to or supervised by the Minister of National Defense, respectively Cooperating with the Border Guard, Military Police, or military law enforcement agencies:
1)
during the event preparation process - developing our own event security plan;
2)
during the event:
a) setting up traffic control posts and blocking traffic,
b) escorting, if necessary, the passage or crossing of event participants,
c) organizing detours resulting from the event on the road;
3)
after the event ends - restoring traffic flow on the road.
Art. 65b. Competence of the authority and procedure for issuing permits for organizing an event on a road
1.
The permit referred to in Art. 65special use of a road is issued by way of an administrative decision, upon written request of the event organizer, hereinafter referred to as the "application," submitted at least 30 days before the scheduled start date, by the authority managing traffic on the road where the event is taking place. However, if the event takes place on roads under the jurisdiction of several authorities, the competent authority is:
1)
in the case of roads of different categories - the authority managing traffic on the road of the higher category;
2)
in the case of roads of the same category - the authority having jurisdiction over the starting location of the event.
2.
The event organizer sends the following information within the time specified in paragraph 1 copy of the application along with the required documents to:
1)
the Voivodeship Police Commander competent for the event's starting location, as well as
2)
the Commander of the Border Guard unit - if the event is taking place in the border zone, or
3)
the Commander of the Military Police unit - if the event is taking place on roads running through or adjacent to areas managed by units organizational units subordinated to or supervised by the Minister of National Defense.
3.
The application should include in particular:
1)
first name, last name or business name and residential address or registered office of the event organizer;
2)
type and name of the event;
3)
information about the location and date of the start, course, and end of the event;
4)
information on the expected number of event participants;
5)
list of persons representing the organizer in matters of securing the route or event venue in individual voivodeships;
6)
signature of the organizer or their representative.
4.
To The application must be accompanied by:
1)
detailed event regulations, specifying in particular the rules of conduct for event participants that are important for road safety;
2)
a list of persons responsible for the proper conduct and security of the event in individual voivodeships and at the start and finish points of each section, as well as in places requiring special security;
3)
event program with a detailed description of the route and the distances between individual sections, as well as the travel program specified in minutes and kilometers, or participants' passage through individual towns and voivodeship borders;
4)
plan for securing the route or place specified in Article 65aObligations of the organizer of an event on the road, paragraph 3 point 3;
5)
the organizer's obligation to restore the road on the route, passage, or place of stay of event participants to its previous condition, and in the event of damage to the road or road facilities resulting from the event, to immediately repair them or cover the costs of such repairs;
6)
written consent of the forest owner to hold the event if it is held in forest areas.
5.
The authority referred to in paragraph 1 shall issue a permit after:
1)
consulting with the competent provincial police commander for the event location, and in the case of an event taking place on roads in the border zone or on roads running through or adjacent to areas managed by organizational units subordinated to or supervised by the Minister of National Defense – with the competent commander of the Border Guard unit or commander of the Military Gendarmerie unit, as appropriate; The opinion shall be delivered to the authority that requested it within 14 days of the date of the request;
2)
agreement on the scope of the traffic restrictions and the resulting conditions for conducting the event with the traffic management authorities on the roads where the event is to be held.
Art. 65c. Grounds for refusing to issue a permit to organize an event
The authority issuing the permit shall refuse to issue it:
1)
if the organizer does not meet the conditions specified in Art. 65aObligations of the organizer of an event on the road, paragraphs 2 and 3;
2)
if, despite meeting the conditions specified in Art. 65aObligations of the organizer of an event on the road, paragraph 2 and 3:
a) there is a risk of harm to human life or health, or to property of great value,
b) the event poses a threat to road safety, and it is not possible to organize detours that would not significantly increase the costs borne by road users.
Art. 65d. Grounds for withdrawing a permit to organize an event
1.
The authority issuing the permit shall withdraw the issued permit if there is a threat to life or health or to property of great value.
2.
The authority referred to in par. 1 may withdraw the permit if the event poses a threat to road safety.
3.
The decision referred to in par. 1 and 2, shall be immediately enforceable.
Art. 65e. Deadline for issuing a decision regarding the organization of an event
The decision to issue or refuse a permit for an event shall be issued at least 7 days before the planned start date of the event.
Art. 65f. Interruption of the event in the event of a lack of permit
The road traffic control authority shall interrupt the event if it is held without a permit.
Art. 65g. Conditions for interrupting a road event
A road traffic control authority may interrupt an event if:
1)
the location, route, or duration of the event do not comply with the conditions specified in the permit;
2)
there is a risk of threat to human life or health, or to property of great value;
3)
Its course poses a threat to road safety.
Article 65h. Exclusion of the application of the provisions on the obligation to obtain a permit
1.
The provisions of Articles 65-65g do not apply to processions, pilgrimages, and other religious events held on roads under the terms specified in:
1)
Act of 17 May 1989 on the Relationship between the State and the Catholic Church in the Republic of Poland (Journal of Laws of 2023, item 1966);
2)
Act of 4 July 1991 on the Relationship between the State and the Polish Autocephalous Orthodox Church (Journal of Laws of 2023, item 544);
3)
Act of 30 June 1995 on the Relationship between the State and the Seventh-day Adventist Church in the Republic of Poland (Journal of Laws of 2022, item 2616);
4)
Act of 30 June 1995 on the Relationship between the State and the Baptist Christian Church in the Republic of Poland (Journal of Laws of 2023, item 1874);
5)
Act of 30 June 1995 on the Relationship between the State and the Evangelical Methodist Church in the Republic of Poland (Journal of Laws of 2023, item 85);
6)
Act of 30 June 1995 on the Relationship between the State and the Polish Catholic Church in Republic of Poland (Journal of Laws of 2023, item 51);
7)
Act of 20 February 1997 on the Relationship between the State and the Old Catholic Mariavite Church in the Republic of Poland (Journal of Laws of 2023, item 47);
8)
Act of 20 February 1997 on the Relationship between the State and the Catholic Mariavite Church in the Republic of Poland (Journal of Laws of 2023, item 8);
9)
Act of 20 February 1997 on the Relationship between the State and the Pentecostal Church in the Republic of Poland (Journal of Laws of 2015, item 13).
2.
The provisions of Articles 65-65g do not apply to funeral processions that travel on roads in accordance with local custom.
3.
For events referred to in Art. 65special use of the road, the regulations on the safety of mass events do not apply, excluding the regulations governing the organization and powers of the security services.
Art. 65i. Reference to the provisions of the Code of Administrative Procedure
In matters not regulated in Art. 65-65h, the provisions of the Code of Administrative Procedure shall apply.
Art. 65j. Transport of passengers by tourist train
The provisions of Section 5 shall apply to the transport of passengers by tourist train, excluding the provisions of Art. 65a obligations of the organizer of an event on the road sec. 2 points 2-5, 7-8, sec. 3 points 3, 6-11, sec. 4, Art. Article 65b competence of the authority and procedure for issuing permits for the organization of an event on the road paragraph 4 point 4 and Article 65hexclusion of application of the provisions on the obligation to obtain a permit.
Article 65k. The concept of an autonomous vehicle
Whenever this section refers to an autonomous vehicle, it should be understood as a motor vehicle equipped with systems that control the movement of that vehicle and enable its movement without the intervention of the driver, who can take control of the vehicle at any time.
Art. 65l. Permission to test autonomous vehicles in road traffic
1.
Conducting research work related to testing autonomous vehicles in road traffic on public roads, in particular for the use of autonomous vehicles in public transport and other public tasks, is possible provided that safety requirements are met and a permit to carry out this work is obtained.
2.
The permit referred to in paragraph 1 shall be issued, by way of a decision, by the authority managing traffic on the road on which the research work is planned to be carried out, upon a written request of the organiser of the research work.
3.
The application referred to in paragraph 2 shall include in particular:
1)
name, surname or company name and address of residence or registered office of the research organizer;
2)
information about the place and date of commencement and completion of research work;
3)
the planned route along which the autonomous vehicle will travel;
4)
a list of persons responsible for securing the route of the autonomous vehicle;
5)
signature of the research organizer or his representative.
4.
The application referred to in paragraph 2 shall be accompanied by:
1)
a document confirming the conclusion of a compulsory civil liability insurance contract for the research organizer for damages arising in connection with the conduct of research related to the operation of autonomous vehicles, which comes into effect in the event of obtaining a permit to conduct research;
2)
proof of payment of the premium for this insurance;
3)
a copy of the decision on professional vehicle registration issued pursuant to Article 80t, paragraph 2 of the procedure for applying for a decision on professional vehicle registration .
5.
The authority referred to in paragraph 2 shall consult with residents of the municipality where the research will be conducted regarding the research application, posting the application on its website and setting a deadline for submitting comments. This deadline cannot be shorter than seven days. During the consultation, the owner of a property located along the planned route along which the autonomous vehicle will travel may file an objection.
6.
The authority referred to in paragraph 2 shall issue the permit referred to in paragraph 1 after:
1)
obtaining the consent of the relevant road administrator on which research work is planned, and
2)
seeking the opinion of the Provincial Police Commander responsible for the location of the research work regarding the impact of the research on the traffic flow along the planned route on which the autonomous vehicle will travel.
Art. 65m. Refusal to issue or withdrawal of a permit for testing autonomous vehicles in road traffic
1.
The authority issuing the permit
referred to in Article 65l, paragraph 1, shall refuse to issue it if:
1)
the organizer of research work:
a) did not provide in the application referred to in Article 65l , paragraph 2, the information specified in Article 65l, paragraph 3, b) did not attach to the application referred to in Article 65l, paragraph 2 ,
the documents indicated in Article 65l, paragraph 4, c) did not obtain the consent
and opinion referred to in Article 65l, paragraph 6;
2)
despite meeting the requirements specified in Article 65l, paragraphs 3 and 4, of the permit for testing autonomous vehicles in road traffic, there is a risk that conducting research work will pose a threat to human life or health or to property of great value;
3)
the owner of a property located along the planned route on which the autonomous vehicle will travel has raised an objection.
2.
The licensing authority may:
1)
withdraw the permit if:
a) the organiser of the research work has provided false information in the application referred to in Article 65l , paragraph 2, of the permit for testing autonomous vehicles in road traffic ,
b) the research work is conducted contrary to the information provided in the application referred to in Article 65l, paragraph 2 , of the permit for testing autonomous vehicles in road traffic,
c) further conduct of the research work constitutes a threat to human life or health or to property of great value;
2)
suspend the permit if further research may pose a threat to human life or health or to property of great value – until such threat ceases.
Art. 65n. Obligations of the organizer of testing autonomous vehicles in road traffic
1.
The organizer of research work is obliged to:
1)
enable the Police to perform activities necessary to ensure road safety and protect the life and health of people and property during research work;
2)
ensure that during research work, there is a person in the autonomous vehicle, in the seat designated for the driver, who is authorised to drive the vehicle and who can take control of the vehicle at any time, in particular in the event of a threat to road safety;
3)
provide public information on planned research work and the route on which the autonomous vehicle will travel;
4)
submit to the Director of Transport Technical Supervision a report on the research work carried out related to the testing of autonomous vehicles and their equipment, in accordance with the template specified in the regulations issued pursuant to paragraph 2, within 3 months from the date of completion of the tests.
2.
The minister responsible for transport will determine, by way of a regulation, the template of the report submitted by the organizers of research work related to testing autonomous vehicles and their equipment, guided by the need to ensure access to uniform information on the operational reliability of these vehicles, the way they travel on roads, the way they are controlled and road traffic safety.
Art. 65o. Appropriate application of the provisions of the Act to passenger cars intended for sports competitions
The provisions of this section apply to passenger cars intended for sports competitions which, pursuant to separate provisions, have been entered into the register kept by the relevant Polish sports association within the meaning of the provisions of the Act of 25 June 2010 on sports.
Art. 65p. Scope of road traffic approval for passenger cars intended for sports competitions
A passenger car intended for sports competitions is permitted on the road for the duration of events organised by the relevant Polish sports association within the meaning of the provisions of the Act of 25 June 2010 on sports and other relevant sports associations organising events on the basis of the regulations in force in the relevant Polish sports association, on designated roads enabling access, referred to in Art. 65a, obligations of the event organiser on the road , paragraph 3, point 3, letter j.
Art. 65q. Conditions for the admission to road traffic of passenger cars intended for sports competitions
A passenger car intended for sports competitions is admitted to road traffic within the scope referred to in Article 65p of the scope of admission to road traffic of passenger cars intended for sports competitions , if:
1)
meets the technical conditions specified by the relevant Polish sports association on the basis of Article 13 , paragraph 1, point 2 of the Act of 25 June 2010 on sports, published each time on the website of that association;
2)
obtained a positive test result regarding compliance with the technical conditions specified in the regulations issued on the basis of Article 81, paragraph 17 of the Technical Tests Act ;
3)
was temporarily registered pursuant to Article 74, paragraph 2ca, temporary registration of the vehicle ;
4)
was subjected to a technical inspection by the event organizer before the start of the event.
Art. 66. Technical requirements for vehicles participating in traffic
1.
A vehicle participating in traffic must be constructed, equipped and maintained in such a way that its use:
1)
did not endanger the safety of its occupants or other road users, did not violate the traffic order on the road and did not expose anyone to harm;
2)
does not disturb public peace by causing noise exceeding the levels specified in specific regulations;
3)
does not cause the release of harmful substances to an extent exceeding the levels specified in specific regulations;
4)
did not cause damage to the road;
5)
ensured a sufficient field of view for the driver and easy, comfortable and safe use of steering, braking, signalling and road lighting devices while observing the road;
6)
did not cause radio interference in excess of the levels specified in specific regulations.
1a.
Vehicles in categories M 2 and M 3 must be equipped with an approved speed limiter limiting their maximum speed to 100 km/h, while vehicles in categories N 2 and N 3 must be equipped with an approved speed limiter limiting their maximum speed to 90 km/h. The speed limiter must be installed by the manufacturer or a body authorized by them.
1b.
The provision of paragraph 1a does not apply to the vehicle:
1)
special or used for special purposes by the Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, National Revenue Administration used by the Customs and Tax Service, Central Anticorruption Bureau, Border Guard, Prison Service, Armed Forces of the Republic of Poland, State Protection Service and fire protection units;
2)
historic;
3)
which, for design reasons, does not develop a speed greater than that specified in paragraph 1a;
4)
used to conduct scientific research on roads;
5)
intended exclusively for public works in urban areas;
6)
categories N 3 and M 3 with a maximum laden mass exceeding 10 t, registered before 1 January 1988;
7)
categories N2 , M2 and M3 with a maximum laden mass not exceeding 10 tonnes, registered before 1 October 2001.
1c.
The minister responsible for transport, taking into account the specific risks occurring during the transport of dangerous goods, may, by way of a regulation, determine lower values ​​than those specified in paragraph 1a for the settings of devices limiting the maximum speed of vehicles transporting certain dangerous goods.
1d.
A motor vehicle and rail vehicle may be equipped with an alcohol interlock installed by the manufacturer of the device or its authorized representative.
1e.
The alcohol interlock is calibrated every 12 months. The first calibration of the alcohol interlock is performed before the device is installed in the vehicle.
1f.
The manufacturer of the device or its authorized representative calibrates the alcohol interlock and issues a document confirming its calibration.
1g.
The Minister responsible for transport will specify, by way of a regulation, the functional and technical requirements of the alcohol interlock and the template of the document confirming the calibration of the alcohol interlock, taking into account the market availability of such devices and the need to ensure the safety of road users.
2.
Vehicle devices and equipment, in particular those ensuring traffic safety and environmental protection against the negative effects of vehicle use, should be maintained in proper condition and function efficiently and effectively.
3.
Devices used to connect a towing vehicle to a trailer must ensure safe towing of a trailer with the permissible total weight intended to be towed by that vehicle, prevent the trailer from becoming uncoupled and ensure the proper operation of the lights and brakes, if the trailer is equipped with them.
3a.
A vehicle participating in traffic should have the following identification features
assigned by the manufacturer, subject to Article 66a :
1)
VIN number or body, chassis or frame number.
2)
(repealed)
4.
It is prohibited to:
1)
placing protruding pointed or sharp parts or objects inside or outside the vehicle that may cause bodily injury to vehicle occupants or other road users;
1a)
using in the vehicle items of equipment and parts removed from vehicles, the reuse of which threatens road safety or negatively affects the environment;
2)
the use of equipment and parts in the vehicle that do not meet the conditions specified in specific regulations;
3)
placing in or on the vehicle devices that are mandatory equipment of an emergency vehicle, emitting light signals in the form of blue or red flashing lights or an audible signal with a variable tone;
4)
equipping a vehicle with a device informing about the operation of control and measurement equipment used by road traffic control authorities or disrupting such operation, or carrying such a device in a vehicle in a condition indicating its readiness for use; this does not apply to special vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the National Revenue Administration used by the Customs and Tax Service, the State Protection Service and the Internal Supervision Office;
5)
replacement of the vehicle body with the identifying features referred to in paragraph 3a point 1;
6)
making structural changes that change the type of vehicle, with the exception of:
a) a vehicle for which the following have been issued:
– an EC type-approval certificate for a vehicle,
– a vehicle type-approval certificate, –
an EC type-approval certificate for vehicles produced in small series,
– a vehicle type-approval certificate for vehicles produced in small series,
– road traffic approval of a vehicle from the end-of-series production series,
– recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a vehicle type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– individual vehicle approval,
– recognition of an individual vehicle approval issued by a competent authority of a European Union Member State other than the Republic of Poland,
– individual EC vehicle approval certificate,
– documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment, including:
– – certificate EU type-approval of a vehicle,
– – UN type-approval certificate issued for the vehicle,
– – national vehicle type-approval certificate,
– – national type-approval certificate for vehicles produced in small series,
– – authorisation for entry into service in road traffic of a vehicle from the end-of-series production series,
– – recognition of a national type-approval certificate for vehicles
produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland, – – recognition of a national type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure for vehicles produced in small series by a competent authority of a European Union Member State other than the Republic of Poland,
– – national individual vehicle approval certificate,
– – recognition of a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland,
– – EU individual vehicle approval certificate,
– – national type approval certificate for a tram,
– – national type approval certificate for a trolleybus,
b) a vehicle in which structural changes were made by an entrepreneur conducting business activity in this field.
4a.
The provision of paragraph 4 does not apply to a historic vehicle - in the scope of points 1-3, with the proviso that in the case of point 3 there is a ban on using these devices while driving and standing.
4b.
Confirmation of compliance with the relevant conditions or technical requirements in relation to vehicles in which structural changes have been made, referred to in the regulations issued pursuant to paragraph 5, shall be made by a technical service designated by the Director of Transport Technical Supervision or the Director of Transport Technical Supervision.
5.
The minister responsible for transport, in consultation with the ministers responsible for internal affairs and National Defence, will determine, by way of a regulation, the technical conditions of vehicles and the scope of their necessary equipment.
5a.
The minister responsible for transport will determine, by way of a regulation, the technical conditions of the vehicles comprising the tourist train and the scope of their necessary equipment.
6.
The Minister of National Defence and the Minister of Internal Affairs, in consultation with the Minister of Transport, will determine, by way of a regulation, the technical conditions of special vehicles and vehicles used for special purposes by the Armed Forces of the Republic of Poland.
7.
The minister responsible for internal affairs, the Minister of National Defence, the minister responsible for public finances and the Minister of Justice, in consultation with the minister responsible for transport, shall determine, by way of a regulation, the technical conditions of special vehicles and vehicles used for special purposes by the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the State Protection Service, the National Revenue Administration, the Prison Service and the fire service.
8.
The regulations referred to in paragraphs 5-7 should take into account in particular:
1)
the need to ensure the safe use of vehicles;
2)
ensuring the lowest possible negative impact of vehicles on the environment;
3)
international regulations and agreements regarding vehicles, their equipment and parts;
4)
the purpose of the vehicles and how they are used.
9.
The minister responsible for transport, in consultation with the minister responsible for the economy and the minister responsible for the climate, guided by technical considerations, road safety rules and environmental protection requirements and with the aim to prevent irregularities in the trade in equipment and parts removed from vehicles, shall establish, by way of a regulation, a list of equipment and parts removed from vehicles, the reuse of which threatens road safety or negatively affects the environment.
Article 66a. Identification features
1.
The identification features referred to in Article 66, paragraph 3a, technical requirements for vehicles participating in traffic, are assigned and placed by the manufacturer.
2.
The starosta responsible for vehicle registration issues a decision on assigning identification features to a vehicle:
1)
built using a body, chassis or frame of its own design, the brand of which is referred to as "SAM";
2)
in which the frame or chassis was replaced with a frame or chassis without a serial number;
3)
recovered after theft, in which the identifying feature has been erased or falsified;
4)
purchased at a public auction or from an entity executing a decision on the forfeiture of a vehicle to the State Treasury, in which the identification feature has been erased or falsified;
5)
in which the identification feature has been erased or falsified and the ownership of the vehicle has been established by a final court decision;
6)
where the identification feature has been corroded or destroyed in a road accident or during repairs;
7)
historic building in which the identifying feature has not been placed.
3.
The circumstances referred to in paragraph 2 points 6 and 7 should be confirmed by a written opinion of a car appraiser referred to in Article 79a of the Car Appraiser Act ; the opinion should indicate the original identification feature or clearly exclude interference with the number field for the purpose of deliberate destruction or falsification, or indicate the absence of the originally placed identification feature.
4.
The staroste enters the identification features in the registration certificate and in the vehicle card, if one was issued.
5.
The minister responsible for transport, taking into account the importance of identification features for ensuring the certainty and safety of vehicle trade, shall determine, by way of a regulation, the detailed method and procedure for their assignment and placement in the cases referred to in paragraph 2.
Art. 67. Derogation from the obligation for a vehicle to meet technical requirements
1.
The Director of Transport Technical Supervision may, by way of an administrative decision, in an individual, justified case, allow a deviation from the technical conditions that a vehicle should meet, taking into account:
1)
the need to ensure safe use of the vehicle and the safety of pedestrians;
2)
ensuring the lowest possible negative impact of the vehicle on the environment and road infrastructure;
3)
the purpose of the vehicle and how it is used.
1a.
A permit for derogation referred to in paragraph 1 is not required in the event that an authorized entity referred to in Article 80s paragraph 2, engaged in the production of vehicles, performs a test drive for an incomplete truck or an incomplete trailer if, before completion, these vehicles do not meet the technical conditions in terms of:
1)
front and rear bumpers or protective devices to prevent under-driving of another vehicle;
2)
side covers;
3)
fenders;
4)
external vehicle lights: side indicators and side reflectors, side position lights and front and rear outline marker lights.
2.
The district council may introduce an obligation to equip horse-drawn vehicles with a brake activated from the driver's seat.
3.
A permit to deviate from the technical requirements that a vehicle must meet is issued at the request of the vehicle owner or keeper, after payment of a fee. The maximum fee cannot exceed PLN 600.
4.
An application for a permit to derogate from the technical conditions that a vehicle must meet should include:
1)
vehicle data:
a) type, make, type, model,
b) VIN number or body, chassis or frame number;
2)
data relating to the owner or keeper of the vehicle:
a) name and surname (name or company),
b) address of residence (registered office);
3)
the scope of the requested deviation from the technical conditions that the vehicle should meet;
4)
justification of the application;
5)
name and address of the authority that will register the vehicle.
5.
The application referred to in paragraph 3 must be accompanied by:
1)
proof of ownership of the vehicle or a document confirming the entrustment of the vehicle
referred to in Article 73, paragraph 5;
2)
a certificate of a technical inspection of the vehicle, indicating which technical conditions the vehicle does not meet – if required;
3)
EC certificate of conformity or a certificate of conformity together with a statement containing the data and information about the vehicle necessary for registration and keeping records of the vehicle – if required;
4)
a test report confirming compliance with the relevant conditions or technical requirements for individual vehicle approval in the case of a vehicle referred to in Article 59, paragraph 3 of the Act of 14 April 2023 on vehicle approval systems and their equipment – ​​if required;
5)
a document drawn up by an authorised body indicating the conditions or technical requirements in force in the territory of the Republic of Poland, which are not met by a vehicle covered by an individual approval granted for a given vehicle by a competent authority of a European Union Member State, in the case of a vehicle covered by the procedure of recognition of individual approval by the Director of Transport Technical Inspection – if required;
6)
a statement from the vehicle manufacturer, an opinion from an authorised entity or an opinion from a car expert referred to in Article 79a of the Car Expert Act , regarding the technical data of the vehicle within the scope covered by the application – if required;
7)
registration certificate of the country of the previous registration of the vehicle – if required;
8)
proof of payment of the fee referred to in paragraph 3;
9)
clear photos of the vehicle showing: the entire body of the vehicle from two diagonals at the front and rear, the VIN number or the body, chassis or frame number, permanently placed on the body, frame or other similar basic structural element, the vehicle identification plate, the location of the steering column - if required.
6.
A permit to derogate from the technical conditions that a vehicle must meet, in the case of vehicles referred to in Article 73 , paragraphs 2a and 4, is issued upon application, which should be submitted through the Minister of National Defence or the minister responsible for foreign affairs, respectively, and include:
1)
vehicle data:
a) type, make, type, model,
b) VIN number or body, chassis or frame number;
2)
data relating to the owner or keeper of the vehicle and the period of his stay in the territory of the Republic of Poland;
3)
the scope of the requested deviation from the technical conditions that the vehicle should meet.
7.
In the case of vehicles referred to in Article 73, vehicle registration, paragraphs 2a and 4, the provisions of paragraphs 3 and 5 shall not apply.
8.
In the case of obtaining a permit for a deviation from the technical conditions that the vehicle must meet, in the case of vehicles referred to in Article 73, paragraphs 2a and 4, the owner or keeper of the vehicle shall submit a certificate of the technical inspection of the vehicle to the Director of Transport Technical Supervision, through the Minister of National Defence or the minister responsible for foreign affairs, respectively, within 30 days from the date of issue of this permit.
9.
A permit to derogate from the technical conditions that a vehicle must meet in terms of weight, axle loads or dimensions of the vehicle does not exempt from the obligation to obtain a permit for the passage of an oversized
vehicle, referred to in Article 64 , paragraph 1, point 1.
10.
The fee referred to in paragraph 3 constitutes the income of the Transport Technical Supervision.
11.
The minister responsible for transport will determine, by regulation, the fee for issuing a permit to deviate from the technical conditions that a vehicle must meet, taking into account the costs incurred in connection with its issuance and the streamlining of procedures in this respect.
Art. 68. Repealed
Article 68a. Repealed
Art. 69. Repealed
Art. 70. Repealed
Art. 70a. Repealed
Art. 70b. Repealed
Art. 70c. Repealed
Art. 70d. Repealed
Art. 70e. Repealed
Art. 70f. Repealed
Art. 70g. Repealed
Art. 70h. Repealed
Art. 70i. Repealed
Art. 70j. Repealed
Article 70k. Repealed
Art. 70l. Repealed
Art. 70m. Repealed
Art. 70n. Repealed
Article 70p. Repealed
Art. 70q. Repealed
Article 70r. Repealed
Article 70s. Repealed
Article 70t. Repealed
Art. 70u. Repealed
Art. 70v. Repealed
Art. 70w. Repealed
Art. 70x. Repealed
Art. 70y. Repealed
Article 70z. Repealed
Article 70a. Repealed
Art. 70zb. Repealed
Art. 70zc. Repealed
Article 70, paragraph 1. Repealed
Article 70 of the Code. Repealed
Article 70 of the Constitution. Repealed
Art. 70 of the Act. Repealed
Art. 70zh. Repealed
Article 70zi. Repealed
Article 70 of the Code of Criminal Procedure. Repealed
Art. 70zk. Repealed
Art. 70zl. Repealed
Art. 70 amended. Repealed
Article 70 of the Code of Criminal Procedure. Repealed
Article 70zo. Repealed
Article 70 of the Code of Criminal Procedure. Repealed
Art. 70zq. Repealed
Art. 70zr. Repealed
Art. 70zs. Repealed
Art. 70zt. Repealed
Article 70zu. Repealed
Art. 70zv. Repealed
Article 70 of the Constitution. Repealed
Art. 70zx. Repealed
Article 70zy. Repealed
Art. 70zz. Repealed
Art. 71. Document confirming the vehicle's roadworthiness
1.
The document certifying the roadworthiness of a motor vehicle, agricultural tractor, slow-moving vehicle included in a tourist train, moped, or trailer is a registration certificate or a temporary permit. This provision does not apply to the vehicles referred to in paragraph 3.
2.
The vehicles specified in paragraph 1 are admitted to traffic if they meet the conditions specified in Article 66 of the technical requirements for vehicles participating in traffic and are registered and provided with legalised registration plates.
2a.
Electric vehicles and hydrogen-powered vehicles have license plates indicating the type of fuel used to power them.
3.
A vehicle not mentioned in paragraph 1, a motorcycle trailer and a special trailer designed to be towed by an agricultural tractor or a slow-moving vehicle is admitted to traffic if it meets the conditions specified in Article 66 technical requirements for vehicles participating in traffic .
4.
A vehicle combination consisting of a motor vehicle with a gross vehicle weight not exceeding 3.5 tons and a trailer, or a bus and trailer, may be approved for road use after obtaining an appropriate endorsement in the motor vehicle's registration certificate, based on a completed technical inspection. This provision does not apply to motorcycles.
4a.
The provision of paragraph 4 also applies to agricultural tractors and slow-moving vehicles used in tourist trains. In the case of agricultural tractors, they may be approved for use after receiving an appropriate note in the vehicle registration certificate stating that their design speed is limited to 25 km/h.
5.
A vehicle registered abroad is allowed to be driven if it meets the required technical conditions and is fitted with registration plates with a registration number consisting of letters of the Latin alphabet and Arabic numerals, subject to Article 59 of the marking of a vehicle registered in Poland and abroad, paragraphs 2 and 3, and the driver of the vehicle has a document confirming the registration.
5a.
(repealed)
6.
A vehicle imported from the territory of a country that is not a Member State of the European Union, after the vehicle has been released by the head of the customs and tax office for the admission procedure, is allowed to drive for a period of 30 days.
7.
(repealed)
Art. 72. Vehicle registration documents
1.
Registration is made on the basis of:
1)
proof of ownership of the vehicle or a document confirming the entrustment of the vehicle, referred to in Article 73, paragraph 5 of the vehicle registration ;
2)
(repealed)
3)
one of the documents:
a) EC certificate of conformity together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle,
b) certificate of conformity together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle, c
) certificate of conformity referred to in Art. 27, paragraph 1, point 2 of the Act of 14 April 2023 on vehicle approval systems and their equipment, together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle,
d) individual vehicle approval certificate together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle,
e) national individual vehicle approval certificate referred to in Art. 2, explanation of terms, paragraph 1 point 33 of the Act of 14 April 2023 on vehicle approval systems and their equipment, together with a statement containing data and information about the vehicle necessary for registration and keeping the register of the vehicle,
f) recognition of an individual vehicle approval certificate,
g) recognition of a national individual vehicle approval certificate referred to in Art. 64 recognition of a national individual vehicle approval certificate by a competent authority of a European Union Member State other than the Republic of Poland, par. 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
h) EC individual vehicle approval certificate,
i) EU individual vehicle approval certificate referred to in Art. 2 explanation of terms, par. 1 point 32 of the Act of 14 April 2023 on vehicle approval systems and their equipment, together with a statement containing data and information about the vehicle necessary for registration and keeping the register of the vehicle
– if required; EC certificates of conformity, certificates of conformity and declarations containing data and information about the vehicle necessary for registration and keeping records of the vehicle may be signed with a mechanically printed signature;
4)
a certificate of a positive result of the vehicle's technical inspection, if required, or the vehicle's registration certificate or another document issued by the competent authority of a Member State confirming the performance and validity of the technical inspection;
5)
registration certificate, if the vehicle was registered;
6)
proof of import customs clearance if the vehicle was imported from the territory of a non-EU Member State and is being registered for the first time;
6a)
a document confirming payment of excise duty in the territory of the country or a document confirming the lack of obligation to pay excise duty in the territory of the country or a certificate of exemption from excise duty, within the meaning of the excise tax regulations, if the passenger car, vehicle of the "other motor vehicle" type, subtype "quadricycle" (homologation category L7e) or subtype "light quadricycle" (homologation category L6e), truck (homologation category N1), subtype "van", "van/platform", "lorry-passenger vehicle", "off-road vehicle", "multi-purpose vehicle" or "van" or a special vehicle (homologation category M1 and N1) was imported from the territory of a Member State of the European Union and is registered for the first time.
7)
(repealed)
8)
(repealed)
9)
(repealed)
1a.
(repealed)
1b.
In the case of purchase from a specialized showroom, within the meaning of the excise tax regulations, of a passenger car or vehicle referred to in paragraph 1 point 6a, a document confirming payment of excise duty in the territory of the country, a document confirming the lack of obligation to pay excise duty in the territory of the country or a certificate confirming the exemption from excise duty for a passenger car may be replaced by a declaration from the specialized showroom that it has, respectively, the original or a copy of the document confirming payment of excise duty in the territory of the country, the original or a copy of the document confirming the lack of obligation to pay excise duty in the territory of the country on that passenger car or vehicle or the original or a copy of the certificate confirming the exemption from excise duty for a passenger car.
2.
The requirements of paragraph 1 do not apply to:
1)
a vehicle that was already registered in the territory of the Republic of Poland - within the scope of paragraph 1 point 3;
1a)
a vehicle that was already registered in the territory of the Republic of Poland and there has been no change of owner of this vehicle since the last registration, in the case where the re-registration of the vehicle is made at the request of the owner of this vehicle in connection with a change of his place of residence (registered office) – within the scope of the proof of ownership of the vehicle referred to in paragraph 1 point 1;
2)
a vehicle purchased after forfeiture for the benefit of the State Treasury or for the benefit of a local government unit - within the scope of paragraph 1 point 5;
3)
a vehicle purchased from the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the National Revenue Administration or the Armed Forces of the Republic of Poland – within the scope of paragraph 1 point 5;
4)
(repealed)
5)
a vehicle temporarily withdrawn from road traffic - within the scope of paragraph 1 point 5; in this case, instead of the registration certificate, a decision on the temporary withdrawal of the vehicle from road traffic is required;
6)
(repealed)
7)
a deregistered vehicle referred to in Article 79 , conditions for deregistration of a vehicle, paragraph 4, point 3 - in the case of re-registration - within the scope of paragraph 1, point 5;
8)
the vehicle referred to in Article 81, paragraph 4, point 1 of technical inspections – within the scope of paragraph 1, point 4.
2a.
In the case of a vehicle imported from the territory of a non-member state, instead of the registration certificate referred to in paragraph 1 point 5, it is permissible to present another document confirming the registration of the vehicle, issued by the authority competent for vehicle registration in that state.
2b.
In the case of a historic vehicle, instead of a registration certificate, it is permissible to present a declaration by the vehicle owner, made under penalty of perjury, that he does not have a registration certificate.
3.
Additionally, a document confirming compliance with the requirements referred to in Article 2, explanation of terms, point 39,
is required - in relation to historic vehicles.
3a.
(repealed)
4.
In the event of loss of the registration certificate or temporary permit of a vehicle registered in the territory of the Republic of Poland, the registration authority shall verify the data contained in the lost document in the central register of vehicles and shall retrieve from this register the data necessary to register the vehicle.
5.
In the event of loss of a registration certificate for a vehicle registered abroad, a duplicate must be presented instead, or a document issued by the registration authority responsible for the vehicle's last registration, confirming the data contained in the lost document, which is necessary for vehicle registration. If the registration authority responsible for the vehicle's last registration abroad refuses to issue a duplicate registration certificate or a document confirming the data contained in the lost document, the district head may request confirmation of this data from that authority. The obtained confirmation of this data, in paper or electronic form, replaces the document confirming the data contained in the lost document, which is necessary for vehicle registration.
6.
In the event of loss of the registration certificate of a vehicle exported from the country, previously registered in the territory of the Republic of Poland, the registration authority competent for the place of last registration of the vehicle in the territory of the Republic of Poland, at the request of the vehicle owner, issues a certificate confirming the data contained in the lost registration certificate.
Art. 73. Vehicle registration
1.
Vehicle registration is carried out, at the request of the vehicle owner, by the starosta competent for the owner’s place of permanent residence (registered office) or temporary residence, by issuing a decision on vehicle registration, a registration certificate and legalised registration plates (plates).
1a.
An applicant for vehicle registration may apply to retain the existing registration number, including the registration plates, if the vehicle has already been registered in the territory of the Republic of Poland and has registration plates that comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, and are maintained in proper condition and legible. In such a case, the staroste, when registering the vehicle, issues a decision on vehicle registration and a registration certificate and legalizes the existing registration plates. If the registration plates do not comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, or are not maintained in proper condition or are not legible, the provision of paragraph 1 shall apply.
1b.
The owner or entity referred to in paragraphs 2 and 5, who is the holder of a motor vehicle registered in the territory of the Republic of Poland, excluding a motorcycle, may apply to the registration authority competent for the place of last registration of the vehicle for an additional, legalized registration plate to mark the trunk covering the rear registration plate. The additional registration plate shall bear the same registration number as the motor vehicle's registration number. If the motor vehicle does not have registration plates compliant with the provisions issued pursuant to Art. 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Forms , paragraph 1, item 1, letter a, the registration authority shall issue a new decision on vehicle registration, along with a set of legalized registration plates with a new motor vehicle registration number and a new registration certificate, as well as an additional, legalized registration plate.
1c.
An additional legalised registration plate referred to in paragraph 1b shall be issued by the registration authority after:
1)
temporary registration of the vehicle ex officio or upon issuing a registration certificate, if the motor vehicle is registered by that authority, or
2)
registration of a motor vehicle by this authority.
1d.
The registration number on the registration plate (plate) consists of letters and numbers (a digit). This number consists of the voivodeship or district identification number and the vehicle identification number or the individual vehicle identification number, as specified in the regulations issued pursuant to Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank forms , paragraph 1, point 1, letters a and c.
1e.
The registration authority issues a decision refusing to register the vehicle:
1)
in the absence of positive verification of the documents referred to in Article 72, paragraph 1, taking into account Article 72, paragraphs 1b–3, 4 and 5, in this verification;
2)
if, pursuant to the provisions of the Act of 24 August 2007 on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System (Journal of Laws of 2023, item 1355), he/she has obtained information that the vehicle submitted for registration has been stolen, misappropriated, lost or is sought as evidence in criminal proceedings or tax criminal proceedings;
3)
if, in response to his inquiry addressed to the registration authority competent for the place of last registration of the vehicle abroad or to the contact point designated by a Member State of the European Union or the European Free Trade Association (EFTA) – party to the Agreement on the European Economic Area, he obtained confirmation that the legal status of the vehicle previously registered in that country causes an obstacle to registering the vehicle in the territory of the Republic of Poland.
2.
Registration of a vehicle owned by a multi-plant enterprise or another entity comprising separate organizational units may be carried out by the starosta competent for the seat of the establishment or unit, at the request of the manager of the establishment or separate organizational unit authorized by the owner.
2a.
Registration of vehicles belonging to members of foreign armed forces, civilian personnel and family members, as well as vehicles of their contractors, staying in the territory of the Republic of Poland, on the basis of international agreements, at the request of the military authorities of these armed forces, is carried out by the staroste competent for the place of residence of these persons in the territory of the Republic of Poland.
2b.
Vehicles belonging to foreign armed forces stationed in the territory of the Republic of Poland are registered, pursuant to international agreements, by the appropriate authority of the Polish Armed Forces. This authority issues a registration certificate and legalized registration plates (plates), unless registration plates (plates) are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3.
Vehicles of the Polish Armed Forces, State Protection Service, Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau, Border Guard, and National Fiscal Administration used by the Customs and Tax Service are registered by the competent authorities of these entities. These authorities issue registration certificates and legalized registration plates, unless registration plates are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3a.
The manufacturer of blank registration certificates, temporary permits and other documents required for vehicle registration, as well as the starostas, shall transfer to the Mazovian Voivode, for a fee, the following: blank registration certificates, temporary permits and other documents required for vehicle registration, as well as legalised registration plates necessary for registration, referred to in Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank registration plates, paragraph 4. Information concerning the transferred blank registration certificates, temporary permits and other documents required for registration, as well as registration plates, is subject to protection in accordance with the regulations on the protection of classified information with a "secret" or "top secret" classification.
4.
The registration of a vehicle belonging to a diplomatic mission, consular office and special mission of a foreign state or international organisation, as well as their staff enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognised international customs or on the basis of reciprocity, is carried out by the Voivode of Mazovia at the request of the minister responsible for foreign affairs.
5.
If a foreign natural or legal person entrusts a vehicle to a Polish entity, the vehicle is registered by the competent authority for the place of residence (registered office) of the Polish entity, specified in paragraph 1.
As of the date specified in the decision of the European Commission, in accordance with Article 66, paragraph 2 of Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018, Article 73, vehicle registration, shall read as follows (amendment to paragraph 1e, point 2):
1.
Vehicle registration is carried out, at the request of the vehicle owner, by the starosta competent for the owner’s place of permanent residence (registered office) or temporary residence, by issuing a decision on vehicle registration, a registration certificate and legalised registration plates (plates).
1a.
An applicant for vehicle registration may apply to retain the existing registration number, including the registration plates, if the vehicle has already been registered in the territory of the Republic of Poland and has registration plates that comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, and are maintained in proper condition and legible. In such a case, the staroste, when registering the vehicle, issues a decision on vehicle registration and a registration certificate and legalizes the existing registration plates. If the registration plates do not comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, or are not maintained in proper condition or are not legible, the provision of paragraph 1 shall apply.
1b.
The owner or entity referred to in paragraphs 2 and 5, who is the holder of a motor vehicle registered in the territory of the Republic of Poland, excluding a motorcycle, may apply to the registration authority competent for the place of last registration of the vehicle for an additional, legalized registration plate to mark the trunk covering the rear registration plate. The additional registration plate shall bear the same registration number as the motor vehicle's registration number. If the motor vehicle does not have registration plates compliant with the provisions issued pursuant to Art. 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Forms , paragraph 1, item 1, letter a, the registration authority shall issue a new decision on vehicle registration, along with a set of legalized registration plates with a new motor vehicle registration number and a new registration certificate, as well as an additional, legalized registration plate.
1c.
An additional legalised registration plate referred to in paragraph 1b shall be issued by the registration authority after:
1)
temporary registration of the vehicle ex officio or upon issuing a registration certificate, if the motor vehicle is registered by that authority, or
2)
registration of a motor vehicle by this authority.
1d.
The registration number on the registration plate (plate) consists of letters and numbers (a digit). This number consists of the voivodeship or district identification number and the vehicle identification number or the individual vehicle identification number, as specified in the regulations issued pursuant to Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank forms , paragraph 1, point 1, letters a and c.
1e.
The registration authority issues a decision refusing to register the vehicle:
1)
in the absence of positive verification of the documents
referred to in Article 72 paragraph 1, taking into account during this verification Article 72 paragraphs 1b-5; 2) if, pursuant to the provisions of the Act of 24 August 2007 on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System (Journal of Laws of 2021, item 1041 and of 2022, item 2642), he/she has obtained information that the vehicle submitted for registration has been stolen, misappropriated, lost or is sought as evidence in criminal proceedings or tax criminal proceedings;
3) if, in response to his inquiry addressed to the registration authority competent for the place of last registration of the vehicle abroad or to the contact point designated by a Member State of the European Union or the European Free Trade Association (EFTA) – party to the Agreement on the European Economic Area, he obtained confirmation that the legal status of the vehicle previously registered in that country causes an obstacle to registering the vehicle in the territory of the Republic of Poland.
2.
Registration of a vehicle owned by a multi-plant enterprise or another entity comprising separate organizational units may be carried out by the starosta competent for the seat of the establishment or unit, at the request of the manager of the establishment or separate organizational unit authorized by the owner.
2a.
Registration of vehicles belonging to members of foreign armed forces, civilian personnel and family members, as well as vehicles of their contractors, staying in the territory of the Republic of Poland, on the basis of international agreements, at the request of the military authorities of these armed forces, is carried out by the staroste competent for the place of residence of these persons in the territory of the Republic of Poland.
2b.
Vehicles belonging to foreign armed forces stationed in the territory of the Republic of Poland are registered, pursuant to international agreements, by the appropriate authority of the Polish Armed Forces. This authority issues a registration certificate and legalized registration plates (plates), unless registration plates (plates) are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3.
Vehicles of the Polish Armed Forces, State Protection Service, Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau, Border Guard, and National Fiscal Administration used by the Customs and Tax Service are registered by the competent authorities of these entities. These authorities issue registration certificates and legalized registration plates, unless registration plates are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3a.
The manufacturer of blank registration certificates, temporary permits and other documents required for vehicle registration, as well as the starostas, shall transfer to the Mazovian Voivode, for a fee, the following: blank registration certificates, temporary permits and other documents required for vehicle registration, as well as legalised registration plates necessary for registration, referred to in Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank registration plates, paragraph 4. Information concerning the transferred blank registration certificates, temporary permits and other documents required for registration, as well as registration plates, is subject to protection in accordance with the regulations on the protection of classified information with a "secret" or "top secret" classification.
4.
The registration of a vehicle belonging to a diplomatic mission, consular office and special mission of a foreign state or international organisation, as well as their staff enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognised international customs or on the basis of reciprocity, is carried out by the Voivode of Mazovia at the request of the minister responsible for foreign affairs.
5.
If a foreign natural or legal person entrusts a vehicle to a Polish entity, the vehicle is registered by the competent authority for the place of residence (registered office) of the Polish entity specified in paragraph 1.
Art. 73a. Statutory duties of the mayor of a city with district rights
1.
The president of the city with district rights, having territorial jurisdiction over the seat of the provincial assembly:
1)
keeps records of individual license plates issued in the voivodeship;
2)
designates within the voivodeship for each registration authority the registration capacity for the following registration plates:
a) temporary and
b) single-row reduced and temporary vehicle registration plates, for a vehicle with reduced dimensions of the space designed to accommodate the registration plate.
2.
The register of individual license plates is kept in electronic or paper form.
3.
The registration capacities designated within the voivodeship for each registration authority for the registration plates referred to in paragraph 1 point 2, as well as the registration numbers of individual registration plates entered in the register of these plates, contain information on the voivodeship distinguishing feature and the vehicle distinguishing features or individual vehicle distinguishing features.
4.
The entry of an individual vehicle identification number into the register of individual registration plates takes place at the request of the registering authority, unless an identical individual vehicle identification number has been issued in the voivodeship for another vehicle.
5.
The president of the city with district rights, having territorial jurisdiction over the seat of the provincial assembly, shall make available to the registration authorities information from the register of individual license plates and the registration capacities referred to in paragraph 1 point 2.
6.
The register of individual license plates shall be maintained in a manner that protects against destruction and unauthorized access. The designation and provision of registration capacities referred to in paragraph 1, point 2 shall be made in a manner that protects against unauthorized access.
Article 73aa. Deadline for submitting an application for vehicle registration
1.
The owner of the vehicle is obliged to submit an application for its registration within 30 days from the date of:
1)
purchase of a vehicle in the territory of the Republic of Poland;
2)
admission to circulation by the National Tax Administration of a vehicle imported from the territory of a country that is not a Member State of the European Union;
3)
importing a vehicle into the territory of the Republic of Poland from the territory of a European Union Member State.
2.
In the case of acquisition of the vehicle referred to in paragraph 1 point 1 by way of inheritance, the period referred to in paragraph 1 runs from the date of the final court decision on the confirmation of inheritance or the preparation of the deed of inheritance certification.
3.
If the owner of the vehicle referred to in paragraph 1 is an entrepreneur conducting business activity in the territory of the Republic of Poland in the field of vehicle trading, he or she is obliged to submit an application for registration of the vehicle referred to in paragraph 1 within 90 days.
4.
The provision of paragraph 1 shall not apply to the authorized entity referred to in Article 80s paragraph 2, in relation to vehicles for which that authorized entity has a valid decision on professional vehicle registration .
5.
The provisions of paragraphs 1 and 3 shall not apply if the owner of a new vehicle is an entrepreneur conducting business activity in the territory of the Republic of Poland in the field of vehicle trade or vehicle production.
6.
The provisions of paragraph 1 point 1 shall not apply if, before the expiry of the deadlines referred to in paragraphs 1 or 3, the owner of a vehicle purchased and registered in the territory of the Republic of Poland has been issued with:
1)
a certificate of dismantling of the vehicle referred to in:
a) Article 79, Conditions for deregistering a vehicle, paragraph 2,
b) Article 24, Overtaking , paragraph 1, point 2, or Article 33 , Obligations and prohibitions concerning the rider of a bicycle or electric scooter, paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles (Journal of Laws of 2020, item 2056);
2)
a certificate of acceptance of an incomplete vehicle referred to in Article 25 , paragraph 1, or Article 33, paragraph 3, of the Act of 20 January 2005 on the recycling of end-of-life vehicles.
7.
The provisions of paragraph 1 point 1 shall not apply if the owner of a vehicle purchased in the territory of the Republic of Poland sells the vehicle before the expiry of the deadlines referred to in paragraph 1 or 3.
Article 73b. Contact points for the exchange of information on vehicles registered in other countries
1.
The minister responsible for computerization and the minister responsible for transport designate and manage contact points enabling the exchange of information on vehicles registered with Member States of the European Union or the European Free Trade Agreement (EFTA) – parties to the Agreement on the European Economic Area.
2.
The office supporting the minister responsible for computerization and the office supporting the minister responsible for transport shall inform the administrations of the Member States referred to in paragraph 1, competent for vehicle registration or records, about the designated contact points referred to in paragraph 1, specifying:
1)
the name of the office serving the minister running the contact point and the address of the registered office of that office;
2)
the scope of tasks performed by the contact point;
3)
details of the person operating the contact point: name, surname, position held and e-mail address of that person;
4)
e-mail address of the contact point.
3.
The contact point run by the minister responsible for computerization shall inform the competent authority for the registration or registration of vehicles of the Member State referred to in paragraph 1, or the appropriate designated contact point of that State, about the registration in the territory of the Republic of Poland of a vehicle imported from the Member State referred to in paragraph 1, providing the following vehicle data:
1)
identifying feature;
2)
registration number assigned in the territory of the Republic of Poland;
3)
the previous registration number from the Member State referred to in paragraph 1 from which the vehicle originates;
4)
date of registration in the territory of the Republic of Poland;
5)
other data, if the need to transmit them has been agreed with the competent authorities for the registration or registration of vehicles of the Member States referred to in paragraph 1.
4.
The data referred to in paragraph 3 shall be provided no later than the 20th day of the month following the month to which the data relate.
5.
The contact point maintained by the minister responsible for transport is designated to receive information from the competent authorities for vehicle registration or registry of the Member States referred to in paragraph 1, or designated contact points of those States, on the registration abroad of a vehicle originating in the territory of the Republic of Poland. The contact point maintained by the minister responsible for transport forwards the received information to the contact point maintained by the minister responsible for computerization, which, based on data collected in the central vehicle register, determines the national registration authority that previously registered the vehicle indicated in this information and forwards it to that authority.
6.
The activities referred to in paragraphs 3 and 5 may be performed using electronic means of communication or an IT system supporting the central vehicle register.
7.
The registration authority, when carrying out activities related to vehicle registration, shall cooperate with the competent registration authorities of the Member States referred to in paragraph 1, or with the relevant designated contact points of those States, in order to check, in justified cases, the legal status of the vehicle before its registration in the territory of the Republic of Poland, if the vehicle was previously registered in the territory of a Member State of the European Union or the European Free Trade Agreement (EFTA) – a party to the Agreement on the European Economic Area.
8.
If, in connection with the registration of a vehicle in the territory of the Republic of Poland, the Member State referred to in paragraph 1 requires the return of the registration certificate it issued, the return shall be made by the registration authority. The registration certificate shall be returned to the competent registration authority of the Member State referred to in paragraph 1 or to the relevant designated contact point of that State.
Art. 73c. ​​Authorization of a vehicle dealership to submit an application for vehicle registration and receive a decision
1.
The owner of a new motor vehicle, trailer or moped purchased at a motor vehicle, trailer or moped dealership may authorise that dealership or an authorised representative of that dealership to:
1)
submitting an application for vehicle registration or
2)
receipt of the decision on temporary vehicle registration, temporary permit and legalized registration plates.
2.
The authorization referred to in paragraph 1 shall be accompanied by a handwritten signature, a qualified electronic signature, a trusted signature or a personal signature, as appropriate.
3.
A motor vehicle, trailer or moped dealership or an authorized representative of such dealership shall immediately submit an application for vehicle registration using the electronic form available in the IT system indicated on the website of the Public Information Bulletin of the minister responsible for computerization.
4.
The vehicle registration application includes:
1)
name and surname or name of the vehicle owner;
2)
the address of the residence or registered office of the vehicle owner;
3)
delivery address;
4)
PESEL number or REGON identification number of the vehicle owner, and in the case of a foreigner who does not have a PESEL number – the series, number and name of the document confirming his/her identity and the name of the country that issued the document;
5)
date and place of birth of the vehicle owner;
6)
type of vehicle and its purpose;
7)
make, type, model of vehicle;
8)
year of vehicle manufacture;
9)
the VIN number or vehicle body, chassis or frame number;
10)
information on how the vehicle owner will collect the decision on vehicle registration and the registration certificate – at the office serving the registration authority or through a postal operator within the meaning of the Act of 23 November 2012 – Postal Law (Journal of Laws of 2023, item 1640 and of 2024, item 467) at the recipient’s expense, and information on how the decision on temporary vehicle registration, the temporary permit and legalised registration plates (plates) will be collected – at the office serving the registration authority by a motor vehicle, trailer or moped sales showroom or its authorised representative, or by the vehicle owner, or through a postal operator within the meaning of the Act of 23 November 2012 – Postal Law at the recipient’s expense, after sending them by the registration authority to the address of the motor vehicle, trailer or moped sales showroom or its authorised representative or to the address for delivery indicated in the application for vehicle registration;
11)
e-mail address, telephone number and address of the car, trailer or moped dealership or an authorized representative of that dealership.
5.
An application for vehicle registration may include an indication that the vehicle owner is requesting the issuance of:
1)
individual license plates;
2)
car plates reduced;
3)
additional license plate to mark the trunk covering the rear license plate.
6.
The application for vehicle registration must be accompanied by the original or a copy in electronic form:
1)
the authorization referred to in paragraph 1;
2)
proof of purchase of the vehicle;
3)
documents
referred to in Article 72, paragraph 1, point 3, 6 or 6a or paragraph 1b;
4)
confirmation of payment of fees for issuing a temporary permit, legalized registration plates and registration certificate;
5)
(repealed)
6)
confirmation of payment of the stamp duty for the granted power of attorney.
7.
Submitting the electronic form referred to in paragraph 3 constitutes confirmation of the compliance of the copies of the documents attached to the vehicle registration application with their originals.
8.
The fees referred to in paragraph 6 points 4 and 6 are the expense of the vehicle owner.
9.
The decision on temporary registration of the vehicle, temporary permit and legalized registration plates (plate) of the registering authority:
1)
hands it over to a motor vehicle, trailer or moped dealership or its authorized representative, or
2)
sends it to the address of the motor vehicle, trailer or moped sales showroom or its authorized representative, indicated in the vehicle registration application, via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law at the recipient's expense, or
3)
passes it on to the owner of the vehicle, or
4)
shall be sent to the vehicle owner at the delivery address indicated in the vehicle registration application via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law at the recipient's expense.
10.
The vehicle owner collects the decision on vehicle registration and the registration certificate from the office serving the registration authority or the registration authority sends these documents to the delivery address indicated in the application for vehicle registration via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law at the recipient's expense.
11.
The minister responsible for computerization, after consulting the minister responsible for transport, will determine the template of the application for vehicle registration in the form of an electronic document within the meaning of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks (Journal of Laws of 2024, item 307).
Art. 73d. Provision of contact details by the vehicle manufacturer's representative
1.
The vehicle manufacturer's representative in the Republic of Poland shall provide its contact point details to the Director of Transport Technical Inspection, including the name and address of the vehicle manufacturer's representative, their email address and telephone number, and the name and surname of the person representing the manufacturer's representative. This information shall be provided immediately after the manufacturer's representative is appointed, but no later than 30 days from the date of such appointment.
2.
The Director of Transport Technical Supervision maintains a database of contact points for vehicle manufacturer representatives in the Republic of Poland. This database includes the contact point details of the vehicle manufacturer representative referred to in paragraph 1, as well as the date the data was entered into the database.
3.
The vehicle manufacturer's representative in the territory of the Republic of Poland is obliged to notify the Director of Transport Technical Inspection of any change in the contact point details referred to in paragraph 1 and of the cessation of business by the vehicle manufacturer's representative immediately, but no later than 30 days from the date these circumstances occur. Based on this notification, the Director of Transport Technical Inspection updates the database of contact points for vehicle manufacturer representatives in the territory of the Republic of Poland.
4.
In order to facilitate the registration proceedings conducted by the registration authorities, the Director of Transport Technical Supervision provides the registration authorities with:
1)
a database of contact points of vehicle manufacturer representatives in the territory of the Republic of Poland,
2)
specimens of the required signatures on the issued documents referred to in art. 72 vehicle registration documents par. 1 point 3
– via the IT system referred to in art. 75e obligation to provide an IT system by the manufacturer of registration certificates par. 1. (On the date of implementation of technical solutions enabling registration authorities to perform tasks related to vehicle registration, temporary registration, temporary withdrawal from service, deregistration, professional registration of vehicles and maintaining the register of entrepreneurs running vehicle inspection stations in the IT system supporting the central register of vehicles, specified in the Communication published in the Journal of Laws, art. 73 vehicle registration d par. 4 in the introduction to the enumeration shall read as follows: – via the IT system supporting the central register of vehicles, referred to in art. 75e obligation to provide an IT system by the manufacturer of registration certificates par. 1.
Art. 74. Temporary vehicle registration
1.
Temporary registration of a vehicle is carried out, in the cases specified in paragraph 2, by the registration authority competent for the place of permanent residence (registered office) or temporary residence of the vehicle owner, by issuing a decision on temporary registration of the vehicle, a temporary permit and legalised registration plates (plates).
1a.
In the case referred to in paragraph 2 point 2 letter b, temporary registration may also be performed by the registration authority competent for the place of purchase of the vehicle or its collection in the territory of the Republic of Poland.
2.
Temporary registration is made:
1)
ex officio - after submitting an application for vehicle registration;
2)
at the request of the vehicle owner - in order to enable:
a) exporting the vehicle abroad,
b) transporting the vehicle from the place of purchase or collection to the territory of the Republic of Poland,
c) transporting the vehicle in connection with the need to carry out a technical inspection or repair.
3)
(repealed)
2a.
Temporary registration, referred to in paragraph 2, point 1, may be carried out despite the lack of documents attached to the registration application, referred to in Article 72, vehicle registration documents, paragraph 1, points 6 and 6a. These documents should be submitted before the registration certificate is issued.
2b.
Temporary registration of a vehicle is carried out conditionally if the vehicle owner submits a declaration that there will be no change in the ownership of the vehicle in the period from such registration to the issue of the registration certificate.
2c.
The provisions of paragraphs 2a and 2b shall not apply in the case of an application for vehicle registration submitted by a motor vehicle, trailer or moped sales showroom or an authorized representative of that showroom, referred to in Art . 73c, paragraph 1, point 1.
2ca.
Temporary registration of a passenger car intended for sports competitions is made at the request of the vehicle owner, in order to allow it to be used in road traffic for the duration of events organised by a Polish sports association within the meaning of the provisions of the Act of 25 June 2010 on sports, on designated roads enabling access, referred to in art. 65a obligations of the event organiser on the road paragraph 3 point 3 letter j.
2d.
The registration authority shall not perform the temporary registration referred to in paragraph 2 point 1 if the following conditions are met simultaneously:
1)
the vehicle was last registered in the territory of the Republic of Poland, and the owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, when submitting an application for vehicle registration, requests that the current registration number be retained;
2)
on the day of submitting the application for vehicle registration, the registration authority positively verified the data contained in the existing registration certificate in the central register of vehicles;
3)
in the current registration certificate there is a place for the registering authority to make an annotation with the following content: "On ... an application for vehicle registration was submitted in ..." and to enter the date and name of the office serving the authority making the annotation.
2e.
In the case referred to in paragraph 2d, the registering authority:
1)
legalizes existing registration plates;
2)
issues a decision on vehicle registration and a registration certificate.
2f.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, are obliged to collect the decision on vehicle registration and the registration certificate within 30 days from the date of submission of the application for vehicle registration.
3.
Temporary registration is for a period not exceeding 30 days. This period may be extended once by 14 days to clarify any issues related to the vehicle's registration.
3a.
Temporary registration referred to in paragraph 2ca shall be made for the period resulting from the date of the technical
inspection referred to in Article 81 , paragraph 11b.
4.
(repealed)
5.
After the expiry of the temporary registration period, the registration plates shall be returned to the authority that issued them, except for the case referred to in paragraph 2 point 2 letter a.
6.
If the vehicle owner intends to deregister the vehicle ex officio, as referred to in Article 79 , paragraph 3b, when submitting an application for temporary vehicle registration referred to in paragraph 2, point 2, letter a, they shall submit a declaration that the vehicle will be exported abroad. This declaration is submitted under penalty of criminal liability for making false declarations. The person submitting the declaration is required to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
Art. 74a. Duplicates of registration certificates, temporary permits and registration plates
1.
At the request of the vehicle
owner or the entity referred to in Article 73, paragraphs 2 and 5, the registration authority shall issue a duplicate of the registration certificate, a new registration certificate, a duplicate of the temporary permit, a duplicate of the registration plate(s) or new registration plate(s), after positive verification, on the day of submission of the application, in the central register of vehicles of the data contained in the previous registration certificate or the previous temporary permit, respectively.
2.
The owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the vehicle registration act , is obliged to immediately, but no later than within 30 days from the date of discovering the loss of the registration certificate or its destruction to the extent that it becomes illegible, submit to the registration authority an application for the issuance of a duplicate of the registration certificate and:
1)
submit a declaration of loss of the registration certificate – in the event of its loss;
2)
return the current registration certificate – if it is damaged to the extent that it becomes illegible.
3.
The owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the Vehicle Registration Act, may submit to the registration authority an application for a duplicate of the temporary permit in the event of its loss or destruction to the extent that it becomes illegible. When submitting this application, the owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the Vehicle Registration Act, is obliged to:
1)
submit a declaration of loss of a temporary permit – in the event of its loss;
2)
return the current temporary permit – if it is damaged to the extent that it becomes illegible.
4.
The owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the Vehicle Registration Act , is obliged to submit to the registration authority an application for the issuance of a new registration certificate in the event of:
1)
making structural changes to the vehicle or replacing elements that result in a change in the actual state of affairs in terms of the data contained in the existing registration certificate, or
2)
changes in the factual circumstances regarding the data of the current owner or keeper of the vehicle contained in the previous registration certificate
– within 30 days from the date on which the change in this situation occurred.
5.
The registration authority issues a new registration certificate also in the event of an application by the vehicle owner or the entity referred to in Article 73, vehicle registration, paragraphs 2 and 5:
1)
for the issuance of registration plates (plates) or their duplicates with a new registration number for the vehicle;
2)
if the existing registration certificate does not provide enough space to make the annotation referred to in Article 75, paragraph 1 of the Vehicle Use Reservation ;
3)
when the owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, expressed their will to replace the registration certificate, if the diagnostician has completed all the fields in the registration certificate intended for entering the date of the next technical inspection of the vehicle.
6.
In the case of the application referred to in paragraphs 4 and 5, on the date of submission of the application, the registering authority shall make an annotation in the existing registration certificate, if space allows, stating: "On ... an application for a new registration certificate was submitted in ..." and shall enter the date and name of the office serving the authority making the annotation. The existing registration certificate is valid until a new registration certificate is issued.
7.
After producing a duplicate registration certificate or a new registration certificate, the registration authority issues it, and the vehicle owner or the entity referred to in Article 73 (Vehicle Registration), paragraphs 2 and 5, is obliged to collect the duplicate registration certificate or the new registration certificate within 30 days of submitting the application for their issuance. At the request of the vehicle owner or the entity referred to in Article 73 (Vehicle Registration) , paragraphs 2 and 5, the registration authority sends the duplicate registration certificate or the new registration certificate via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law, at the recipient's expense.
8.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, are obliged to immediately, but no later than within 30 days from the date of discovering the loss or destruction of the registration plates, submit to the registration authority an application for the issuance of a duplicate of the registration plates and:
1)
submit a declaration of loss of registration plates (plates) – in the event of their loss;
2)
return damaged license plates (plates) – in case they are damaged.
9.
In the case of the application referred to in paragraphs 2, 4, 5, and 8, the registration authority, on the date of submission of the application, shall issue, at the request of the vehicle owner or the entity referred to in Article 73 , paragraphs 2 and 5, a temporary permit and legalized registration plates. The temporary permit and legalized registration plates are valid until a duplicate registration certificate, a new registration certificate, a duplicate registration plate, or new registration plates are issued, respectively.
10.
The declarations referred to in paragraph 2 point 1, paragraph 3 point 1, and paragraph 8 point 1 are submitted under pain of criminal liability for making false declarations. The person submitting the declaration is obligated to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
11.
In the cases referred to in paragraph 8, the vehicle owner or the entity referred to in Article 73, paragraphs 2 and 5, may submit to the registration authority an application for the issuance of legalized registration plates (plates) with a new registration number for the vehicle. In such a case, the registration authority issues a new vehicle registration decision, legalized registration plates (plates) with a new registration number for the vehicle, and a new registration certificate.
12.
The provisions of paragraph 8 shall apply
to the application for the issue of a duplicate of an additional legalised registration plate referred to in Article 73, vehicle registration , paragraph 1b.
13.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, may return to the registration authority an additional legalised registration plate referred to in Article 73, Vehicle Registration, paragraph 1b, or its duplicate upon presentation of the registration certificate.
Art. 74b. Procedure for dealing with license plates withdrawn from use
1.
Registration plates transferred to the registration authority as a result of their exchange or return and deregistration or re-registration of the vehicle, which are withdrawn from use, shall be transferred by the registration authority to the entrepreneur referred to in Article 75a paragraph 2, producing registration plates at the request of that registration authority.
2.
The entrepreneur referred to in Article 75a , paragraph 2, shall collect
the withdrawn registration plates referred to in paragraph 1 at his own expense from the office serving the registration authority, destroy them and dispose of them in accordance with the waste regulations.
Art. 75. Reservations regarding the use of the vehicle
1.
If the use of the vehicle is subject to special conditions specified in the regulations, the registration authority shall enter an appropriate reservation in the registration certificate or temporary permit.
2.
Registration certificates, temporary permits, legalized license plates, and their duplicates are issued for a fee. The fee is collected by the registering authority.
3.
It is prohibited to register a vehicle assembled outside the manufacturer's premises, with the exception of a "SAM" brand vehicle and a historic vehicle.
Article 75a. Production of license plates and their duplicates
1.
The production of license plates, including professional license plates, and duplicate license plates is a regulated activity within the meaning of the Act of 6 March 2018 – Entrepreneurs' Law (Journal of Laws of 2024, item 236) and requires entry in the register of entrepreneurs producing license plates, hereinafter referred to as the "register". Whenever this provision and Articles 75aa-75c refer to license plates, this shall also be understood to include duplicates thereof, however, this does not apply to professional license plates.
2.
The activity referred to in paragraph 1 may be performed by an entrepreneur who meets the following conditions:
1)
has the technical capabilities to guarantee the production of license plates or materials used for their production in accordance with the technical requirements; this condition does not apply to entrepreneurs importing materials used for the production of license plates from abroad;
2)
has a certificate of compliance of license plates or materials used for their production with technical conditions;
3)
is not an entity in respect of which bankruptcy or liquidation proceedings have been initiated;
4)
is not in arrears with the payment of taxes, fees or social security contributions;
5)
has not been finally convicted of an offence committed for the purpose of obtaining financial benefits or an offence against documents - applies to a natural person or members of the bodies of a legal person.
3.
The entity producing license plates referred to in paragraph 2 is deemed to be:
1)
producing license plates with embossed registration numbers;
2)
producing license plates without embossed registration numbers;
3)
embossing registration numbers;
4)
producing or importing from abroad materials of particular importance for the production of license plates;
5)
processing materials of particular importance for the production of license plates.
4.
License plates are manufactured only to order:
1)
the authority competent for vehicle registration - with embossed registration numbers;
2)
entrepreneur referred to in paragraph 3 point 3 - without embossed registration numbers.
5.
The materials referred to in paragraph 3 points 4 and 5 are processed, produced or imported from abroad at the request of the entrepreneur referred to in paragraph 2.
6.
The entrepreneur referred to in paragraph 2 keeps records of:
1)
materials for the production of license plates referred to in paragraph 3 points 4 and 5;
2)
license plates produced;
3)
license plates sold.
Article 75aa. Competence of the authority responsible for maintaining the register of license plate manufacturers
1.
The authority competent to maintain the register is the voivodeship marshal with jurisdiction over the entrepreneur’s registered office.
2.
The register may be kept in an IT system.
3.
The relevant voivodeship marshal shall ex officio correct any entry in the register containing obvious errors or inconsistencies with the factual situation.
4.
In the event of a change in the data entered in the register, the entrepreneur is obliged to submit an application to change the entry in the register within 14 days from the date on which the change in the data occurred.
Art. 75ab. Entry into the register of license plate manufacturers
1.
Entry into the register is made on the basis of an application from the entrepreneur, containing the following data:
1)
the entrepreneur's name and registered office and address or residential address;
2)
number in the register of entrepreneurs in the National Court Register, if the entrepreneur has such a number;
3)
Tax Identification Number (NIP);
4)
the registered office
address and addresses of the units where the activity referred to in Article 75a , paragraph 1, will be performed;
5)
the entrepreneur's signature and the date and place of submission of the application.
2.
Together with the application, the entrepreneur submits:
1)
a declaration of possession of the certificate referred to in Article 75a, paragraph 2, point 2, production of registration plates and their duplicates , together with data enabling its identification;
2)
a certificate or declaration of no criminal record for an offence committed for the purpose of obtaining financial benefits or an offence against documents:
a) of an entrepreneur, if he is a natural person,
b) of persons - members of the authorities of a legal person or an organisational unit without legal personality and
3)
a declaration of the following content:
"I declare that:
1)
the data contained in the application for entry in the register is complete and true;
2)
I am aware of and meet the specific conditions for conducting the activity referred to in Article 75a, production of registration plates and their duplicates , paragraphs 1 and 2 of the Act of 20 June 1997 - Road Traffic Law;
3)
I have a current document specifying the status of an entity that is a legal person or an organizational unit without legal personality, or a document confirming identity in the case of a natural person.
3.
The declaration referred to in paragraph 2, point 2, is submitted under pain of criminal liability for making a false statement. The person submitting the declaration is obligated to include the following clause: "I am aware of the criminal liability for making a false statement." This clause replaces the authority's notice of criminal liability for making a false statement.
4.
The declaration referred to in paragraph 2 point 3 should also include:
1)
the entrepreneur's name and registered office and address or residential address;
2)
designation of the place and date of submission of the declaration;
3)
signature of the person authorized to represent the entrepreneur, indicating the name and surname and function performed.
5.
The minister responsible for transport will specify the template of the application referred to in paragraph 1, containing a declaration of possession of the certificate referred to in Article 75a, paragraph 2, point 2, production of license plates and their duplicates , together with data enabling its identification, in the form of an electronic document within the meaning of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
Art. 75ac. Scope of data subject to entry in the register of license plate manufacturers
1.
The data subject to entry in the register are the data specified in Article 75ab, entry in the register of manufacturers of registration plates , paragraph 1, points 1-4, and information on the certificate referred to in Article 75a, production of registration plates and their duplicates , paragraph 2, point 2.
2.
An entry in the register also includes the deletion or change of an entry.
3.
When issuing ex officio a certificate of entry in the register, the competent voivodeship marshal specifies therein the scope of the entrepreneur’s activity in the field of production of license plates, in accordance with Article 75a, paragraph 3,
production of license plates and their duplicates .
Art. 75ad. Gross violation of the conditions of activity in the field of license plate production
A gross violation of the conditions for conducting business in the field of license plate production is a violation of the conditions referred to in Article 75a production of license plates and their duplicates , paragraph 2, points 2, 3 and 5 and paragraphs 4 and 5, and specified in the provisions on the conditions and method of production and distribution of license plates.
Art. 75ae. Deadline for entering an entrepreneur into the register
1.
The competent voivodeship marshal is obliged to enter the entrepreneur into the register within 7 days from the date of receipt of the application for entry together with the documents referred to in Article 75ab, paragraph 2, entry into the register of license plate manufacturers .
2.
If the relevant voivodeship marshal fails to make the entry within the deadline referred to in paragraph 1, and 14 days have passed since the application was received, the entrepreneur may commence business operations. This does not apply if the voivodeship marshal has requested the entrepreneur to supplement the application for entry no later than 7 days after its receipt. In such a situation, the deadline referred to in the first sentence shall run from the date the supplemented application for entry is received.
Art. 75af. Decision to prohibit an entrepreneur from performing activities covered by an entry in the register
1.
The competent voivodeship marshal issues a decision prohibiting the entrepreneur from carrying out the activity covered by the entry if:
1)
the entrepreneur submitted a declaration referred to in Article 75ab entry in the register of license plate producers , paragraph 2, point 3, which is inconsistent with the factual circumstances;
2)
the entrepreneur did not remove the violations of the conditions required by law to perform regulated activities within the time limit set by the marshal;
3)
finds a gross violation of the conditions required by law to perform the regulated activity by the entrepreneur.
2.
The decision referred to in paragraph 1 is subject to immediate execution.
3.
Before issuing a decision pursuant to paragraph 1 point 2, the voivodeship marshal shall set a deadline for eliminating the identified violations.
4.
If the decision referred to in paragraph 1 is issued, the voivodeship marshal shall ex officio remove the entrepreneur from the register.
5.
In the event of issuing the decision referred to in paragraph 1, if the entrepreneur conducts business activities covered by the entry also on the basis of entries in other registers of regulated activities in the same scope of business activities, the entrepreneur shall be deleted ex officio from these registers of regulated activities as well.
Article 75ag. Re-entry of an entrepreneur into the register in the same scope of business activity
1.
An entrepreneur who has been removed from the register may be re-entered into the register in the same scope of business activity no earlier than after 3 years from the date of issuing the decision referred to in Article 75af, decision prohibiting the entrepreneur from conducting activities covered by the entry in the register, paragraph 1.
2.
The provisions of paragraph 1 apply to entrepreneurs who have conducted business activities without being entered in the register. This does not apply to the situation specified in Article 75ae paragraph 2.
Art. 75ah. Removal of an entrepreneur from the register
The competent voivodeship marshal removes the entrepreneur from the register at his request, as well as after obtaining information from the Central Registration and Information on Business or the National Court Register about the entrepreneur’s removal.
Article 75b. Legalization of license plates
The authority responsible for registration legalises registration plates, including professional registration plates, by placing a legalisation mark on them.
Art. 75ba. Technical conditions and model of the legalization mark for license plates
The technical conditions and the design of the legalisation mark used to legalise professional registration plates (plates) are consistent with the technical conditions and the design of the legalisation sticker specified in the regulations issued pursuant to Art. 75c of the Regulation on the conditions for the production of plates and the procedure for their legalisation, point 2.
Art. 75c. Regulation on the conditions of production of number plates and the procedure for their legalization
The Minister responsible for transport, taking into account the need to properly secure the trade in license plates and materials of particular importance for the production of license plates, shall determine, by way of a regulation:
1)
conditions of production and detailed method of distribution of registration plates and legalisation marks and
keeping records referred to in Article 75a, paragraph 6;
2)
the procedure for legalisation of registration plates, technical conditions and the model of the legalisation mark referred to in Article 75b legalisation of registration plates ;
3)
materials of particular importance for the production of license plates.
Art. 75ca. Regulation on the production and distribution of license plates and legalization marks
The Minister responsible for transport, taking into account the need to properly secure the trade in professional registration plates and materials of particular importance for the production of these plates, shall determine, by way of a regulation:
1)
conditions of production and detailed method of distribution of professional registration plates and legalisation marks, materials of particular importance for the production of these plates and
conditions of keeping records referred to in Article 75a , paragraph 6, regarding professional registration plates;
2)
procedure for legalization of professional license plates.
Art. 75d. Repealed
Art. 75e. Obligation to provide an ICT system by the manufacturer of registration certificates
1.
The manufacturer of registration certificates provides an IT system enabling the performance of the tasks of registration authorities in the field of registration, temporary registration, temporary withdrawal from service, deregistration and professional registration of vehicles, including the process of production, personalisation and distribution of documents related to the performance of these tasks.
2.
The IT system referred to in paragraph 1 ensures the integrity of the link between the process of generating documents related to the implementation of the tasks referred to in paragraph 1 and the data collected in the central register of vehicles, taking into account the referential nature of this data in the implementation of these tasks.
3.
The IT system referred to in paragraph 1 shall provide at least functionalities consistent with the IT system supporting the central vehicle register.
4.
The minister responsible for computerization supervises the interoperability of the IT system referred to in paragraph 1 with the IT system supporting the central register of vehicles.
5.
The minister responsible for computerization concludes an agreement with the manufacturer of registration certificates regulating:
1)
principles of cooperation in the scope of:
a) determining the nature and scope of changes adapting the IT system referred to in paragraph 1 to changes in the IT system supporting the central register of vehicles,
b) providing the minister responsible for computerization with information and technical experience, including documentation, concerning the IT system referred to in paragraph 1, necessary for the minister to exercise supervision referred to in paragraph 4;
2)
fees for implementing changes and for providing information and technical experience referred to in point 1.
6.
The costs related to the conclusion and implementation of the agreement referred to in paragraph 5 are financed from the resources of the Fund – Central Register of Vehicles and Drivers.
7.
The manufacturer of the registration certificate enables the reading of data encoded in the registration
certificate by entities referred to in Article 80c , paragraphs 1 and 2a, provided that they are necessary to perform their statutory tasks, at the request of the entity concerned, or to other entities through the entities referred to in Article 80c, paragraphs 1 and 2a. The request includes the name and address of the applicant and the purpose of reading the data encoded in the registration certificate.
8.
The manufacturer of the registration certificate presents to the applicant the conditions for enabling the reading of data encoded in the registration certificate, including the costs associated with it.
9.
After agreeing on the conditions referred to in paragraph 8, the manufacturer of the registration certificate grants the applicant, for a specified period and in specific fields of use, a license to use a library enabling the reading of data encoded in the registration certificate. On the date of implementation of technical solutions enabling registration authorities to perform tasks related to vehicle registration, temporary registration, temporary withdrawal from service, deregistration, professional registration of vehicles and maintaining the register of entrepreneurs operating vehicle inspection stations in the IT system supporting the central register of vehicles, specified in the Communication published in the Journal of Laws - Art. 75 of the vehicle use restriction shall read::) 1. The manufacturer of registration certificates shall provide an IT system supporting the process of creating, personalizing and distributing documents and vehicle markings integrated with the IT system supporting the central register of vehicles, in which the registration authority performs tasks related to vehicle registration, temporary registration, temporary withdrawal from service, deregistration and professional registration of vehicles and maintaining the register of entrepreneurs operating vehicle inspection stations.
2.
The IT system provided by the manufacturer of registration certificates collects the data necessary for the process of production, personalisation and distribution of documents and vehicle markings from the central vehicle register.
3.
(repealed)
4.
(repealed)
5.
(repealed)
6.
(repealed)
7.
The manufacturer of the registration certificate enables the reading of data encoded in the registration
certificate by entities referred to in Article 80c , paragraphs 1 and 2a, provided that they are necessary to perform their statutory tasks, at the request of the entity concerned, or to other entities through the entities referred to in Article 80c, paragraphs 1 and 2a. The request includes the name and address of the applicant and the purpose of reading the data encoded in the registration certificate.
8.
The manufacturer of the registration certificate presents to the applicant the conditions for enabling the reading of data encoded in the registration certificate, including the costs associated with it.
9.
After agreeing on the conditions referred to in paragraph 8, the manufacturer of the registration certificate grants the applicant, for a specified period and in specific fields of use, a license to use the library enabling the reading of data encoded in the registration certificate.
Art. 76. Regulations on the conditions and procedure for vehicle registration and the distribution of blank forms
1.
The minister responsible for transport shall determine, by regulation:
1)
in consultation with the minister responsible for computerization, the minister responsible for internal affairs and the Minister of National Defence:
a) conditions and procedure for registration, temporary registration and deregistration of vehicles, subject to paragraph 2-3, and templates of:
– registration certificate and temporary permit and their description,
– registration plates and other plates, identifying features and markings supplied with the vehicle, as well as their description and the method of affixing them,
b) conditions for the distribution of blank registration certificates and temporary permits,
c) detailed technical requirements for registration plates and the scope and method of their testing,
d) templates of other documents related to vehicle registration:
– application for registration, temporary registration, deregistration of a vehicle or notification of the sale of a vehicle,
– decision on registration, temporary registration or deregistration of a vehicle,
– application for a duplicate of a registration certificate, a duplicate of a temporary permit, a duplicate of registration plates (plate), a new registration certificate or registration plates (plate) with a new registration number for the vehicle,
– certificate confirming the data contained in a lost registration certificate,
– application for an additional legalised registration plate to mark the trunk covering the rear registration plate for a vehicle registered in the territory of the Republic of Poland;
2)
the amount of fees for issuing a registration certificate, temporary permit and legalised registration plates (plates) and their duplicates;
3)
in consultation with the minister responsible for computerization, detailed activities of the authorities in matters related to vehicle approval for road traffic and templates of documents in these matters.
2.
The Minister of National Defence, in consultation with the minister responsible for computerization, the minister responsible for transport and the minister responsible for internal affairs, shall determine, by way of a regulation, the conditions and procedure for registration and templates of registration certificates and registration plates of vehicles of the Armed Forces of the Republic of Poland and vehicles belonging to foreign armed forces staying on the territory of the Republic of Poland, on the basis of international agreements referred to in Article 73 paragraph 2b, vehicle registration , as well as the organizational units competent in these matters.
2a.
The Minister of National Defence, in consultation with the minister responsible for computerisation, the minister responsible for transport and the minister responsible for internal affairs, shall determine, by way of a regulation, the conditions and procedure for registration and the templates of the registration certificate and registration plates of vehicles of the Military Counterintelligence Service and the Military Intelligence Service, as well as the organisational units competent in these matters.
3.
The minister responsible for internal affairs, in consultation with the minister responsible for transport, the minister responsible for public finances, the minister responsible for computerization and the Minister of National Defence, and after consulting the Head of the Internal Security Agency, the Head of the Intelligence Agency, the Head of the Central Anti-Corruption Bureau, shall determine, by way of a regulation, the conditions and procedure for registration as well as the templates of the registration certificate and registration plates of vehicles of the State Protection Service, the Police, the Internal Security Agency, the Intelligence Agency, the Central Anti-Corruption Bureau, the Border Guard, the National Revenue Administration used by the Customs and Tax Service, as well as the organizational units competent in these matters.
4.
The Prime Minister, taking into account the requirements arising from the obligation to protect classified information, will determine, by way of an order not subject to publication:
1)
conditions and procedure for registering vehicles of the Ministry of Internal Affairs, National Defence, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau and National Revenue Administration used by the Customs and Tax Service, used to conduct operational and reconnaissance activities;
2)
specific procedure and conditions for submitting blank registration certificates, temporary permits and other documents required for registration and registration
plates referred to in Article 73 , paragraph 3a;
3)
specific requirements for personalizing these forms.
5.
The regulations referred to in paragraphs 1-3 should take into account in particular:
1)
the need to prevent stolen vehicles from being put into circulation;
2)
proper securing of documents related to registration, license plates and other markings;
2a)
the need to standardize vehicle registration documents and the method of marking vehicles;
3)
costs of public administration activities in matters of vehicle registration;
4)
the manner of using the vehicles referred to in paragraphs 2-3 when performing tasks specified in the regulations concerning the State Protection Service, the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard and the National Fiscal Administration.
Art. 77. Repealed
Art. 78. Documents provided to the buyer upon sale of a vehicle
1.
In the event of transfer of ownership of a registered vehicle to another person, the previous owner shall provide the new owner with the registration certificate and a certificate of the vehicle's technical inspection, if the registration certificate does not specify the current validity period of the technical inspection.
1a.
In the event of transfer of ownership of a vehicle temporarily withdrawn from service to another person, the previous owner shall communicate to the new owner the decision on the temporary withdrawal of the vehicle.
2.
The owner of a vehicle registered in the territory of the Republic of Poland is obliged to notify the starosta (starosta) within a period not exceeding 30 days about:
1)
disposal of the vehicle;
2)
a change in the factual circumstances requiring a change in the data contained in the registration certificate.
2a.
The notification referred to in paragraph 2 point 1 shall be submitted by the vehicle owner to the staroste competent for the place of residence (registered office) or temporary residence, and if the owner is a multi-employer enterprise or other entity comprising separate organizational units – to the staroste competent for the place of registration of the vehicle.
2b.
In the case of joint ownership of a vehicle, for the notification of the sale of the vehicle to be effective, notification by one of the joint owners of the vehicle is sufficient.
3.
(repealed)
4.
The owner or keeper of a vehicle is obliged to indicate, at the request of an authorized body, to whom he has entrusted the vehicle for driving or use during a specified period, unless the vehicle was used against his will and knowledge by an unknown person, which he could not prevent.
5.
If the owner or keeper of the vehicle is:
1)
legal person,
2)
an organizational unit without legal personality, to which separate provisions grant legal capacity,
3)
local government unit,
4)
capital company in organization,
5)
entity in liquidation,
6)
an entrepreneur who is not a natural person,
7)
foreign organizational unit
- the person designated by the body authorized to represent this entity externally is obliged to provide the information referred to in paragraph 4, and in the case of failure to designate such a person - the persons included in this body in accordance with the request of the body referred to in paragraph 4 and the manner of representing the entity.
Art. 78a. Temporary withdrawal of a vehicle from traffic
1.
The temporary withdrawal of a vehicle from road traffic is carried out, at the request of the owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, by the registration authority competent for the place of last registration of the vehicle, by issuing a decision on the temporary withdrawal of the vehicle from road traffic.
2.
Temporary withdrawal, at the request of the entities referred to in paragraph 1, shall apply to the registered:
1)
trucks and trailers with a maximum permissible weight of 3.5 tonnes;
2)
truck tractors;
3)
special vehicles;
4)
buses;
5)
passenger cars in connection with the need to repair the vehicle resulting from damage to the essential load-bearing elements of the structure:
a) in the cases referred to in Article 81 technical inspections , paragraph 11, point 1, letter b and point 6,
b) in the event of significant damage.
3.
The decision to temporarily withdraw a vehicle from road traffic is issued, for a fee, by the authority referred to in paragraph 1, after the vehicle owner or the entity referred to in Article 73, paragraphs 2 and 5, deposits the registration certificate and registration plates with that authority.
4.
The vehicle referred to in paragraph 2, points 1–4, may be temporarily withdrawn from road traffic for a period of 2 to 24 months. This period may be extended, but the total period of withdrawal of the vehicle from road traffic may not exceed 48 months from the date of issuance of the decision to temporarily withdraw it from road traffic.
4a.
A passenger car may be temporarily withdrawn from road traffic for a period of 3 to 12 months without the possibility of extending this period and not earlier than after 3 years from the date on which the period of temporary withdrawal specified in the last decision on its temporary withdrawal from road traffic expired.
4b.
In the case of a passenger car, the vehicle owner or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, when submitting an application for temporary withdrawal of the vehicle from road traffic, shall submit a declaration that the vehicle requires repairs due to damage to the essential load-bearing components of the structure in the cases referred to in Article 81, Technical Inspections , paragraph 11, point 1, letter b, and point 6, or in the event of significant damage. This declaration is submitted under penalty of criminal liability for making false declarations. The person submitting the declaration is obliged to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
4c.
The condition for a passenger car to be admitted to service after its temporary withdrawal is an additional technical inspection of the vehicle, confirmed by the Central Vehicle Register. If the Central Vehicle Register does not contain information about the additional technical inspection, roadworthiness is granted based on the submitted certificate of the additional technical inspection.
5.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, is obliged to ensure that the vehicle withdrawn from use is parked outside of a public road, residential zone, or traffic zone. The provisions of Article 46, Vehicle Stopping and Parking - General Rules , paragraph 5, apply accordingly.
6.
The minister responsible for transport shall determine, by way of a regulation, the procedure and conditions for the temporary withdrawal of vehicles from road traffic, the amount of fees depending on the period of withdrawal from road traffic, in an amount not higher than PLN 150, and the templates of documents used in this respect, taking into account the need to prevent the use of vehicles temporarily withdrawn from road traffic and the costs borne by public administration bodies.
Art. 78b. Fees for issuing registration documents and vehicle cards
Issuance fee:
1)
registration certificate, temporary permit, legalized registration plates (plates) and their duplicates, referred to in Article 75, paragraph 2 of the Vehicle Use Reservation Act ,
2)
(repealed)
3)
decision on the temporary withdrawal of the vehicle from
traffic, referred to in Article 78a , paragraph 3,
4)
decisions on professional registration of vehicles, blank professional registration certificates and legalized professional registration plates (plates) referred to in Article 80t , paragraph 2
– constitute the income of the district.
Art. 79. Grounds for deregistering a vehicle
1.
The vehicle is subject to deregistration by the competent authority for the place of last registration of the vehicle, at the request of its owner, in the event of:
1)
handing over the vehicle to an entrepreneur operating a dismantling station or an entrepreneur operating a vehicle collection point, on the basis of the certificate of vehicle dismantling referred to in paragraph 2 or in Article 24 , paragraph 1, point 2, or Article 33, paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or an equivalent document issued in another country;
2)
theft of a vehicle if its owner has made an appropriate declaration under penalty of perjury;
3)
exporting the vehicle from the country if the vehicle was registered abroad or sold abroad;
4)
destruction (scrapping) of the vehicle abroad;
5)
documented permanent and complete loss of vehicle possession without any change in ownership rights;
6)
handing over an incomplete vehicle to an entrepreneur operating a dismantling station or an entrepreneur operating a vehicle collection point, on the basis of a certificate of acceptance of an incomplete vehicle referred to in Article 25, paragraph 1, or Article 33 , paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or an equivalent document issued in another country;
7)
withdrawal of the vehicle from circulation, referred to in Article 41, respectively Regulation 167/2013, Article 46 Regulation 168/2013 or Article 51 Regulation 2018/858.
1a.
In the case referred to in paragraph 1 point 3, the vehicle is subject to deregistration at the request of the vehicle owner who is the seller or buyer of the vehicle exported abroad.
2.
In the event of handing over to an entrepreneur operating a dismantling station or an entrepreneur operating a vehicle collection point a vehicle other than the one specified in art. 3 catalogue of statutory terms point 4 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, for the purpose of deregistering it, the entrepreneur shall issue a certificate of dismantling of that vehicle, meeting the requirements specified for the certificate referred to in art. 24 invalidation of vehicle documents and certificate of dismantling of a vehicle par. 1 point 2 or art. 33 appropriate application of the provisions of the Act to the operator of a vehicle collection point par. 3 of that Act.
3.
In the event of failure by the vehicle owner to submit the certificate of dismantling of the vehicle referred to in par. 2 or in Art. 24 invalidation of vehicle documents and certificate of dismantling of the vehicle par. 1 point 2 or Art. 33 appropriate application of the provisions of the Act to the operator of a vehicle collection point par. 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or the certificate of acceptance of an incomplete vehicle referred to in Art. 25 driver's behaviour at an intersection par. 1 or Art. 33 appropriate application of the provisions of the Act to the operator of a vehicle collection point par. 3 of that Act, or an equivalent document issued in another country, the registering authority, after 30 days from the date of receipt of information from the data controller and the information collected in the register on the transfer by the dismantling station or vehicle collection point of the data referred to in Art. 80b data in the central register of vehicles par. 1 point 16, shall deregister the vehicle ex officio. 3. The registration authority shall deregister the vehicle ex officio on the basis of information received from the data controller and information collected in the central register of vehicles on the transfer by the dismantling station or vehicle collection point of the data referred to in art. 80b data in the central register of vehicles par. 1 point 16, immediately after the date of receipt of this information, if by that date the vehicle owner has not submitted an application for deregistration of the vehicle on the basis of par. 1 point 1 or 6. ( art. 79 grounds for deregistration of the vehicle par. 3 in this wording comes into force on the date of implementation of technical solutions enabling the transfer by entrepreneurs operating dismantling stations or vehicle collection points to the central register of vehicles of data on the dismantling of a vehicle or the acceptance of an incomplete vehicle, specified in the announcement published in the Journal of Laws and the Public Information Bulletin.)
3a.
In the event of receiving information from the vehicle registration authority of a Member State other than the Republic of Poland about the registration of a vehicle, the registration authority shall deregister the vehicle ex officio.
3b.
The registration authority shall deregister the vehicle ex officio if a temporary permit has been issued pursuant to Article 74, paragraph 2, point 2, letter a, and the vehicle owner has submitted the declaration referred to in Article 74, paragraph 6, temporary registration of the vehicle .
4.
A deregistered vehicle is not subject to re-registration, except for a vehicle:
1)
recovered after theft;
2)
historic;
3)
at least 25 years old and recognised by a car appraiser as unique or of particular importance for documenting the history of the automotive industry;
4)
tractor and agricultural trailer;
5)
exported from the country or sold abroad, referred to in paragraph 1 point 3.
5.
In the case referred to in paragraph 1, point 5, the condition for deregistration of a vehicle is that the vehicle owner pays a fee to the municipality for the implementation of tasks related to maintaining cleanliness and order in municipalities. This provision does not apply to vehicles operated by the Police or fire protection units.
6.
The minister responsible for public administration, taking into account in particular the costs incurred by municipalities related to the removal of the negative effects of the loss of a vehicle and the costs related to the removal of wrecks, shall determine, by way of a regulation, the amount of the fee referred to in paragraph 5.
Art. 79a. Car appraiser
1.
A car appraiser is a person who:
1)
(repealed)
2)
has at least secondary or secondary vocational education;
3)
has 2 years of professional experience in the automotive field;
4)
holds a driving license of category A, B and C1 or C;
5)
has not been convicted by a court for an intentional crime;
6)
holds a certificate in the field of automotive appraisal issued by a body accredited in the Polish accreditation system;
7)
was entered on the list of car appraisers.
1a.
The requirement referred to in paragraph 1 point 3 does not apply to persons who hold a higher education diploma in a field of study in the field of technical sciences with a specialization in automotive engineering.
2.
The minister responsible for transport shall enter a person who meets the requirements specified in paragraph 1, points 2-6, on the list of motor vehicle appraisers and shall confirm the entry by issuing a certificate.
3.
The entry is made for a fee, for the period resulting from the validity period of the certificate referred to in paragraph 1 point 6.
4.
The list of car appraisers includes the name and surname of the appraiser and his identification number.
5.
The list of appraisers is publicly available.
6.
The minister responsible for transport maintains a register and list of car appraisers.
7.
The minister responsible for transport removes an appraiser from the list of car appraisers:
1)
after the deadline referred to in paragraph 3;
2)
does not meet the requirements referred to in paragraph 1 points 2-6;
3)
in the event of the appraiser's death.
8.
The minister responsible for transport will determine, by regulation, the fee for entry on the list of car appraisers and the templates of the related documents, in particular the certificate confirming the entry.
Art. 79b. Change of address of the vehicle owner resulting in exemption from fees for issuing a new registration certificate
If a change in the factual circumstances regarding the address of the owner or keeper of the vehicle, requiring the issuance of a new vehicle registration certificate or new blank professional registration certificates, is caused by administrative changes, the district council may, by way of a resolution, reduce the fee or exempt from its payment the persons obliged to apply for the issuance of these documents.
Art. 79c. Validity of documents, registration plates and legalization marks in the event of a change of the name of the district or town
In the event of the creation, merger, division or abolition of counties or a change in the name of a county or locality, registration certificates, blank professional registration certificates, temporary permits, registration plates, professional registration plates and legalization marks issued before the date of entry into force of the provisions creating, merging, dividing or abolishing counties or changing the name of a county or locality shall remain valid.
Art. 80. Prohibition of entrusting certain tasks and competences to municipalities by way of agreement
The tasks and competences specified in Article 73 ( Vehicle Registration), paragraphs 1 and 2, Article 74 (Temporary Vehicle Registration) , paragraph 1, Article 74a (Duplicates of Registration Certificates, Temporary Permits and Registration Plates ), paragraph 1, Article 75 (Reservations on the Use of a Vehicle) , Article 78a (Temporary Withdrawal of a Vehicle from Road Traffic) , paragraph 1, Article 79 (Grounds for Deregistration of a Vehicle) , paragraph 1, and Article 80t (Procedure for Applying for a Decision on Professional Vehicle Registration) , paragraph 2, may not be entrusted to a municipality by agreement. This provision does not apply to the Capital City of Warsaw.
Art. 80a. Central vehicle register
1.
A central register of vehicles, hereinafter referred to as the "register", is established.
2.
The register collects data on the following vehicles:
1)
registered pursuant to Article 73 Vehicle registration or Article 74 Temporary vehicle registration and their owners or certain categories of holders;
2)
in respect of which a final decision has been issued annulling a decision issued under Article 73 ( vehicle registration) or Article 74 (temporary vehicle registration) , or a decision declaring the invalidity of a decision issued under Article 73 ( vehicle registration) or Article 74 (temporary vehicle registration) , or a refusal decision has been issued under Article 74 (temporary vehicle registration ), or a decision discontinuing the proceedings after a decision has been issued under Article 74 (temporary vehicle registration ), and about their owners or certain categories of holders;
3)
( d) a permit to deviate from
the technical conditions to be met by the vehicle has been issued. ( Article 80a,
paragraph 2, item 3, letter d, of the Central Register of Vehicles, shall enter into force on the
date of implementation of technical solutions enabling the transfer of information on issued permits to deviate from the technical conditions to be met by the vehicle to the Central Register of Vehicles – the date shall be specified in a notice published in the Journal of Laws and the Public Information Bulletin. )
3.
The register shall separate the set of data and information on vehicles referred to in Article 73, paragraph 3, vehicle registration , by placing it in a separate IT environment that meets the IT security requirements referred to in the Act of 5 August 2010 on the protection of classified information (Journal of Laws of 2024, item 632).
4.
The register is maintained by the minister responsible for computerization in the IT system. For the purposes of this Act, this minister is the controller of the data and information collected in the register.
Art. 80b. Data in the Central Vehicle Register
1.
The following data is collected in the register:
1)
identifying the vehicle:
a) VIN number or vehicle body, chassis or frame number,
b) vehicle registration number;
2)
about the vehicle owner:
a) name and surname (name or company),
b) PESEL number, and in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the country that issued the document,
c) date and place of birth,
d) REGON identification number,
e) address of residence (registered office),
f) date of death;
3)
about the vehicle
holder referred to in Art. 73 , paragraph 5:
a) name and surname (name or company),
b) PESEL number, and in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the country that issued that document,
c) date and place of birth,
d) REGON identification number,
e) address of residence (registered office),
f) date of death;
4)
about the user of the vehicle used under the leasing agreement, for the registration of which the lessor (vehicle owner) has applied:
a) name and surname (name or company),
b) PESEL number, and in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the country that issued that document,
c) date and place of birth,
d) REGON identification number,
e) address of residence (registered office),
f) date of death;
5)
on the sale of the vehicle:
a) date of reporting the sale of the vehicle,
b) date of the sale of the vehicle,
c) details of the buyer:
– name and surname (name or company),
– PESEL number, and in the case of a person without a PESEL number – series, number and name of the document confirming identity and the name of the country that issued that document,
– date and place of birth,
– REGON identification number,
– address of residence (registered office),
– date of death;
6)
on compulsory third party liability insurance for vehicle owners:
a) (repealed)
b) (repealed)
c) (repealed)
d) (repealed)
e) details of the insurance company that concluded the contract,
f) details of the contract;
7)
on registered pledges established on a vehicle:
a) data on the vehicle on which the registered pledge was established,
b) (repealed)
c) item number in the pledge register,
d) date of entry in the pledge register,
e) name and surname (name or company) of the pledgee,
f) PESEL number of the pledgee,
g) REGON identification number of the pledgee,
h) date of deletion of the pledge from the pledge register,
i) name (designation) of the court that made the entry;
8)
on vehicle documents:
a) data on the registration certificate,
b) data on the temporary permit
c) (repealed)
- and on their duplicates;
8a)
on professional vehicle registration, including those resulting from decisions on professional vehicle registration and relating to blank professional registration certificates;
8b)
vehicle registration certificate and vehicle registration plates
included in the list of vehicles used in road traffic maintained by the authorized entity referred to in Article 80s paragraph 2:
a) on vehicles used by the authorized entity in road traffic using professional registration certificates,
b) on professional registration certificates;
9)
about vehicle registration plates and their legalization and their duplicates;
9a)
about professional license plates and their legalization;
10)
on technical inspections of the vehicle;
11)
about significant damages;
12)
about assigning and stamping a new body (chassis) number;
13)
technical information about the vehicle;
14)
about the theft and recovery of the vehicle;
15)
on the retention of a registration certificate or a temporary permit;
15a)
on the retention of a professional registration certificate or a blank professional registration certificate;
16)
on dismantling the vehicle or accepting an incomplete vehicle;
16a)
about vehicle dismantling stations or collection points;
17)
on the temporary withdrawal and re-admission of the vehicle to traffic and on its deregistration;
18)
on vehicle type approval, individual vehicle approval, national individual vehicle approval, EU individual vehicle approval, EC individual vehicle approval, road traffic approval of a vehicle from the end of production batch;
19)
identifier of the person or entity entering or changing data in the records;
20)
about the security measures established on the vehicle, including the seizure of the vehicle by the enforcement authority, and their removal;
21)
on the replacement of the odometer; 21a) on issued permits for deviations from the technical conditions that the vehicle must meet; ( Article 80b, paragraph 1, point 21a , of the data in the Central Register of Vehicles shall enter into force on the date of implementation of technical solutions enabling the transfer of information on issued permits for deviations from the technical conditions that the vehicle must meet to the Central Register of Vehicles – the date will be specified in a notice published in the Journal of Laws and the Public Information Bulletin.)
22)
on the odometer reading during the inspection. 23) on exceeding the deadlines referred to in Art. 78 , documents provided to the buyer upon sale of the vehicle , paragraph 2, point 1. ( Art. 80b, data in the Central Register of Vehicles , paragraph 1, point 23, enters into force on the date of implementation of technical solutions enabling the transfer to the Central Register of Vehicles and the collection in this register of data on exceeding the deadlines referred to in Art. 71 , document confirming the vehicle's roadworthiness, paragraph 7, and Art. 78 , documents provided to the buyer upon sale of the vehicle, paragraph 2, point 1 of the Road Traffic Act, specified in the announcement published in the Journal of Laws and the Public Information Bulletin)
2.
The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 1 point 6 letter e and f, par. 7 letter a, points 8-18 and 20-22, provided by the entities referred to in art. 80ba par. 1, and supplemented automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the obligation to monitor and report in relation to CO 2 emissions . 2. The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register , referred to in par. 1 point 6 letter e and f, par. 7 letter a, points 8-18 and 20-23, provided by the entities referred to in art. 80ba par. 1, and completed automatically by the IT system handling the records, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the obligation to monitor and report on CO2 emissions . ( Article 80b, data in the central register of vehicles , paragraph 2 in this wording, enters into force on the date of implementation of technical solutions enabling the transfer to the central register of vehicles and the collection in this register of data on exceeding the deadlines referred to in Article 71 , paragraph 7, and Article 78 , documents transferred to the buyer upon sale of a vehicle, paragraph 2, point 1 of the Road Traffic Act, specified in the communication published in the Journal of Laws and the Public Information Bulletin.)
3.
Data collected in the register is not deleted.
4.
(repealed
5.
The administrator of the data and information collected in the register shall provide the staroste with information about the retention of a professional registration certificate and about the failure of the authorized entity referred to in Article 80s paragraph 2 to return blank professional registration certificates, professional registration certificates and professional registration plates within the time limit specified in Article 80y paragraph 1 by making it automatically available through the IT system handling the register for downloading via the IT system with which the staroste performs tasks related to vehicle registration.
Art. 80ba. Transfer and entry of data into the vehicle register
1.
The data referred to in Article 80b, paragraph 1, of the Central Register of Vehicles are transferred to the register:
1)
by the authority competent for vehicle registration – within the scope of the data referred to in Art. 80b, data in the Central Register of Vehicles, par. 1, point 1, points 2-5, excluding the date of death, points 8, 8a, 9 and 9a, point 10 with regard to the date of periodic technical inspection of the vehicle in the case of registering a vehicle not previously registered in the territory of the Republic of Poland, points 12, 13, 17, 18 and 20; 1) by the authority competent for vehicle registration – within the scope of the data referred to in Art. 80b, data in the Central Register of Vehicles, par. 1, point 1, points 2-5, excluding the date of death, points 8, 8a, 9 and 9a, point 10 with regard to the date of periodic technical inspection of the vehicle in the case of registering a vehicle not previously registered in the territory of the Republic of Poland, points 12, 13, 17, 18, 20 and 23; ( Article 80ba , transfer and entry of data into the vehicle register , paragraph 1 point 1, enters into force on the date of implementation of technical solutions enabling the transfer to the central vehicle register and the collection in this register of data on exceeding the deadlines referred to in Article 71, paragraph 7, and Article 78, documents transferred to the buyer upon sale of a vehicle , paragraph 2 point 1 of the Road Traffic Act, specified in the announcement published in the Journal of Laws and the Public Information Bulletin.)
2)
by insurance companies – in the scope of data referred to in Article 80b, data in the Central Register of Vehicles , paragraph 1, points 6 and 11, and in the case of concluding a contract of compulsory third-party liability insurance for vehicle owners for an unregistered vehicle, also points 1 and 13;
2a)
by the authorized entity referred to in Article 80s paragraph 2, to which a decision on professional vehicle registration was issued – in the scope of data referred to in Article 80b paragraph 1 point 8b, the data in the central register of vehicles ;
3)
by the competent organizational unit of the Police – in the scope of data referred to in Article 80b , paragraph 1, point 14 of the Central Register of Vehicles ;
4)
by the competent organizational unit of the Police, Border Guard, National Revenue Administration, Road Transport Inspectorate or Military Police – in the scope of data referred to in Article 80b, paragraph 1, points 15 and 15a, of the central register of vehicles ;
5)
by the central information on registered pledges, via the IT system of the Minister of Justice, immediately after the court has entered the registered pledge in the pledge register - in the scope of data referred to in Article 80b, paragraph 1, point 7 of the Central Register of Vehicles ;
6)
by vehicle inspection stations - excluding vehicles referred to in Article 73, vehicle registration, paragraph 3 - in the scope of data referred to in Article 80b, data in the central register of vehicles , paragraph 1, points 10, 15 and 21, and in the case of carrying out a technical inspection or reading the odometer of an unregistered vehicle - also points 1 and 13;
6a)
by the competent organizational unit of the Police, Border Guard, Road Transport Inspectorate, Military Police or Customs and Tax Service – in the scope of data referred to in Art. 80b data in the Central Register of Vehicles , paragraph 1, point 22, and in the case of reading the odometer of an unregistered vehicle – also points 1 and 13;
7)
by the Insurance Guarantee Fund – in the scope of data referred to in Article 80b, paragraph 1, point 11 of the Central Register of Vehicles ;
8)
by the voivodeship marshal – in the scope of data referred to in Article 80b , paragraph 1, point 16a of the Central Register of Vehicles ;
9)
by a dismantling station or vehicle collection points – excluding vehicles referred to in art. 73 vehicle registration par. 3 – within the scope of the data referred to in art. 80b data in the central register of vehicles par. 1 pt. 16; 10) by the Director of Transport Technical Inspection – within the scope of the data referred to in art. 80b data in the central register of vehicles par. 1 pt. 21a, and in the case of issuing a permit for a derogation from the technical conditions to be met by a vehicle, for an unregistered vehicle – also within the scope of the data referred to in art. 80b data in the central register of vehicles par. 1 pt. 1 lit. ai point 13. ( Article 80ba , transfer and entry of data into the vehicle register , paragraph 1 point 10, comes into force on the date of implementation of technical solutions enabling the transfer of information on issued permits for derogation from the technical conditions that a vehicle should meet to the central vehicle register – the date will be specified in a notice published in the Journal of Laws and the Public Information Bulletin.)
1a.
The data referred to in Art. 80b data in the Central Register of Vehicles par. 1 point 6 letter e and f, point 7 letter a, points 8-18 and 20-22 may additionally contain data supplemented automatically by the IT system servicing the register. 1a. The data referred to in Art. 80b data in the Central Register of Vehicles par. 1 point 6 letter e and f, point 7 letter a, points 8-18 and 20-23 may additionally contain data supplemented automatically by the IT system servicing the register. ( Article 80ba , transfer and entry of data into the vehicle register, paragraph 1a, comes into force on the date of implementation of technical solutions enabling the transfer to the central vehicle register and the collection in this register of data on exceeding the deadlines referred to in Article 71 , paragraph 7, and Article 78, documents provided to the buyer upon sale of a vehicle, paragraph 2, point 1 of the Road Traffic Act, specified in the announcement published in the Journal of Laws and the Public Information Bulletin.)
2.
The data referred to in Article 80b, paragraph 1, point 19 of the Central Register of Vehicles , are supplemented automatically by the IT system handling the register.
3.
The entities listed in paragraph 1 enter data into the register when performing an activity that requires the data to be transferred into the register, using the IT system that supports the register or using IT systems that support the tasks performed by these entities.
4.
The entities listed in paragraph 1 point 2 enter data into the register via the IT system supporting the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau (Journal of Laws of 2023, item 2500).
4a.
The entity mentioned in paragraph 1 point 8 may enter data via the IT system supporting the database referred to in art. 79 Database on products and packaging and waste management (BDO) of the Act of 14 December 2012 on waste (Journal of Laws of 2023, items 1587, 1597, 1688, 1852 and 2029).
5.
Data collected in the register are transferred to it from the register of the Universal Electronic System of Registration of the Population (PESEL), the national official register of national economic entities (REGON), the national official register of the territorial division of the country (TERYT), the central register of drivers, the central register of parking card holders, the register of pledges and the Insurance Guarantee Fund, if collected therein.
6.
Minister responsible for computerization:
1)
may specify, by way of a regulation, the procedure and deadlines for transferring data between the register and the PESEL, REGON, TERYT registers, the central register of drivers and the central register of parking card holders, taking into account the need to ensure the smooth flow of data between the register and other registers and records, the correctness and timeliness of the collected data and the need to ensure the protection of personal data;
2)
(repealed)
3)
in consultation with the minister responsible for financial institutions, shall determine, by way of a regulation, the procedure and deadlines for transferring data between the register and the Insurance Guarantee Fund as well as the conditions, manner and procedure for cooperation between the register and the fund in the scope of transferring data by insurance companies, taking into account the need to ensure the smooth flow of data between the register and the Insurance Guarantee Fund, the correctness and timeliness of the collected data and the need to ensure the protection of personal data.
Art. 80bb. Access to data in the vehicle register
1.
In order to enable the entry of data into the register, the entities mentioned in Article 80ba paragraph 1 shall be provided with access to the data collected in the register.
2.
Data is entered into the register by downloading the data collected in the register, verifying it, particularly based on available documents or data, and entering new data into the register. In the event of discrepancies between the data and the data contained in the PESEL or REGON registers, the data collected in these registers shall prevail.
2a.
If data relating to a new entity is entered into the register, such data is taken from the PESEL register, REGON register, central register of drivers and central register of parking card holders, if collected there.
2b.
The obligation to verify data referred to in paragraph 2 does not apply to the data referred to in Article 80b, paragraph 1, point 8b.
3.
The IT system handling the records generates a message about:
1)
entering data into the register - in the case of correct entry of new data into the register, which is equivalent to fulfilling the obligation to enter data into the register;
2)
failure to enter data into the register - in the event that new data has not been entered into the register and it is necessary to re-enter it in order to fulfill the obligation to enter data into the register.
4.
The minister responsible for computerization will determine, by way of regulation:
1)
the scope of data to which access is provided to the entities listed in Article 80ba, paragraph 1, of the transfer and entry of data into the vehicle register , taking into account the correct performance by individual entities of the tasks arising from this Act;
2)
technical and quality requirements for data entered into the register and the procedure and method of entering them, with a view to ensuring high quality of data transferred to the register and its reference nature.
Art. 80bc. Extension of the deadline for entering data into the vehicle register
If it is impossible to enter data into the register due to reasons beyond the entity's control, the data shall be entered immediately, no later than within 3 business days from the date on which the obligation to enter the data arose.
Art. 80bd. Explanations and removal of data discrepancies in the vehicle register
1.
An entity that finds an inconsistency in the data collected in the register shall explain this inconsistency in the scope of the data which it is obliged to provide under the Act, and shall enter the data into the register in accordance with the principles specified in Article 80bb Access to Data in the Vehicle Register .
2.
If it is not possible to clarify the inconsistency, the entity referred to in paragraph 1 shall immediately notify the controller of the data and information collected in the register of the inconsistency, using the IT system supporting the register or using the IT system supporting the tasks performed by that entity.
3.
In order to clarify the discrepancy, the controller of the data and information collected in the register shall immediately notify, via the IT system supporting the register, the entity that entered the data to which the discrepancy relates, of the discrepancy in the event of:
1)
the controller's finding of inconsistency between the data and information collected in the records;
2)
referred to in paragraph 2.
3a.
The provisions of paragraphs 1-3 shall not apply to the data referred to in Article 80b, paragraph 1, point 8b .
4.
The entity referred to in paragraphs 1 and 3 shall explain this inconsistency, in particular based on the documents or data in its possession.
5.
The entity referred to in paragraphs 1 and 3 shall immediately inform, via the IT system handling the records or via the IT system handling the tasks performed by this entity, the controller of the data and information collected in the records about the clarification of this inconsistency in the event of:
1)
entering correct data into the register using an IT system that supports the register or using an IT system that supports tasks performed by the entity entering the data;
2)
confirming that the data entered into the records is correct;
3)
stating that it is impossible to remove the non-compliance, with justification provided.
6.
Entering data into the register in relation to which an inconsistency has been found, as referred to in paragraph 2, requires prior clarification of this inconsistency.
7.
The administrator of data and information collected in the register will enable the entry of data into the register without prior clarification of inconsistencies, if this is necessary to carry out tasks resulting from separate provisions carried out by entities obliged to enter data into the register within the deadlines resulting from statutory provisions.
8.
The minister responsible for computerization will determine, by way of a regulation, the method and procedure for clarifying inconsistencies in data collected in the central register of vehicles by entities that provide them, taking into account the need to ensure the completeness and correctness of data in the register, ensuring timely handling of administrative processes related to the register and their security.
Art. 80be. Transfer and updating of data on entrepreneurs operating vehicle inspection stations
1.
The authorities competent to maintain the register of entrepreneurs operating vehicle inspection stations shall provide the administrator with the data and information collected in the register and update the following data on entrepreneurs operating vehicle inspection stations:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
address of the vehicle inspection station;
3)
REGON identification number;
4)
vehicle inspection station identification code;
5)
scope of research;
6)
date of entry into the register;
7)
date of removal from the register;
8)
names and surnames of employed diagnosticians along with their authorization numbers.
2.
The data referred to in paragraph 1 shall be transferred immediately, not later than within 2 business days, via the IT system supporting the records or via IT systems supporting the tasks performed by these entities.
Art. 80bf. Repealed
Art. 80bg. Access by the Internal Security Agency to vehicle records
In order to ensure the possibility of carrying out tasks arising from Article 35, paragraph 4 of the Act of 24 May 2002 on the Internal Security Agency and the Intelligence Agency (Journal of Laws of 2024, item 812), the minister responsible for computerization shall provide the Internal Security Agency with access to the records.
Art. 80bh. Catalog of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland
1.
An electronic catalogue of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland, hereinafter referred to as the "catalogue", is hereby created.
2.
The catalogue is a reference catalogue used to enter vehicle data into the register based on the data specified in the documents presented for vehicle registration.
3.
The catalogue maintained in the IT system of the entity responsible for maintaining the catalogue collects data on the types of vehicles or vehicles to be admitted to traffic in the territory of the Republic of Poland, such as data on:
1)
the type of vehicle for which the following was issued:
a) EC type-approval certificate for a vehicle,
b) vehicle type-approval certificate,
c) EC type-approval certificate for vehicles produced in small series,
d) vehicle type-approval certificate for vehicles produced in small series,
e) documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment, including:
– EU type-approval certificate for a vehicle,
– UN type-approval certificate issued for the vehicle, –
national type-approval certificate for a vehicle,
– national type-approval certificate for vehicles produced in small series,
– national type-approval certificate for a tram,
– national type-approval certificate for a trolleybus;
2)
the type of vehicle for which the road traffic permit was issued for the vehicle from the final production batch;
3)
a type of vehicle for which it was issued by the Director of Transport Technical Inspection:
a) recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
b) recognition of a vehicle type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland, or
c) documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– recognition of a national vehicle type-approval certificate issued in accordance with the national type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a national type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure for vehicles produced in small series by a competent authority of a European Union Member State other than the Republic of Poland;
4)
a vehicle for which:
a) an individual vehicle approval certificate or
b) a national individual vehicle approval certificate referred to in Art. 2, paragraph 1, point 33 of the Act of 14 April 2023 on vehicle approval systems and their equipment has been granted ;
5)
a vehicle for which:
a) an EC individual vehicle approval certificate or b) an EU individual vehicle approval certificate
referred to in Article 2, paragraph 1, point 32 of the Act of 14 April 2023 on vehicle approval systems and their equipment;
6)
a vehicle for which recognition has been issued by the Director of Transport Technical Inspection:
a) an individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland, b) a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland
, referred to in Art. 64, paragraph 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment;
7)
types of vehicles or vehicles approved for road traffic other than those mentioned in points 1–6.
4.
The data referred to in paragraphs 2 and 3 shall be transferred to the directory:
1)
Director of Transport Technical Inspection on the basis of:
a) issued:
– EC type-approval certificate for a vehicle,
– vehicle type-approval certificate,
– EC type-approval certificate for vehicles produced in small series,
– vehicle type-approval certificate for vehicles produced in small series,
– document referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– – EU type-approval certificate for a vehicle,
– – UN type-approval certificate issued for a vehicle,
– – national type-approval certificate for a vehicle, – –
national type-approval certificate for vehicles produced in small series,
– – national type-approval certificate for a tram,
– – national type-approval certificate for a trolleybus,
b) granted permission to put a vehicle from the end-of-production batch into road traffic,
c) issued by the Director of Transport Technical Inspection:
– recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a vehicle type-approval certificate vehicles produced in small series issued for a given type of vehicle in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– the document referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– – recognition of the national vehicle type-approval certificate issued in accordance with the national type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– – recognition of the national type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure for vehicles produced in small series by a competent authority of a European Union Member State other than the Republic of Poland,
d) information available on the expiry or withdrawal of the documents referred to in letter a, information on the expiry of the validity period of the permit referred to in letter b, or in the case of revocation of the recognitions referred to in letter c,
e) the granted individual vehicle approval certificate or the national individual vehicle approval certificate referred to in Art. 2 explanation of termssection 1 point 33 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
f) EC individual vehicle approval certificate or EU individual vehicle approval certificate, referred to in art. 2 explanation of terms , section 1 point 32 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
g) issued by the Director of Transport Technical Inspection:
– recognition of an individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland, referred to in art. 64 recognition of a national individual vehicle approval certificate by a competent authority of a European Union Member State other than the Republic of Poland, section 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment;
2)
the authority competent for vehicle registration – on the basis of documents attached to the application for vehicle registration, in cases other than those specified in point 1;
3)
a manufacturer or importer of a new motor vehicle, agricultural tractor, moped, trolleybus or trailer on the basis of:
a) issued:
– an EC type-approval certificate for a vehicle,
– a vehicle type-approval certificate, – an
EC type-approval certificate for vehicles produced in small series,
– a vehicle type-approval certificate for vehicles produced in small series,
– a document referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– – an EU type-approval certificate for a vehicle, – – a
UN type-approval certificate for a vehicle,
– – a national type-approval certificate for a vehicle, – – a national
type-approval certificate for a vehicle produced in small series,
– – a national type-approval certificate for a trolleybus,
b) recognition issued by the Director of Transport Technical Inspection of:
– an individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland,
– a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland, referred to in in Article 64, recognition of a national certificate of individual vehicle approval by a competent authority of a European Union Member State other than the Republic of Poland, paragraph 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment.
5.
The catalogue is prepared by the entity responsible for its maintenance, which collects data therein and verifies it on the basis of data from the documents referred to in paragraph 4.
6.
The entity responsible for maintaining the catalogue makes the data collected in this catalogue available free of charge via the IT system:
1)
Director of Transport Technical Supervision;
2)
the authority competent for vehicle registration;
3)
the administrator of data and information collected in the records – for the purposes of processing and sharing the data collected in the records;
4)
the entity obliged to provide data to the central register of vehicles – for the purposes of providing such data.
7.
Tasks related to the creation, development and operation of the directory are financed from the revenues of the fund referred to in Article 80d of the Fund - Central Register of Vehicles and Drivers, paragraph 2.
8.
The minister responsible for transport will determine, by way of a regulation, the entity responsible for maintaining the catalogue, including collecting data in the catalogue and verifying it, taking into account the need to ensure a transparent, objective and competitive method of selecting this entity, as well as the proper and efficient functioning of the process of collecting and verifying data in the catalogue, a uniform system for transmitting and making it available and the technical possibilities of carrying out these tasks.
9.
The minister responsible for computerization, in consultation with the minister responsible for transport, will determine, by way of a regulation, the scope, method and procedure for submitting data to the catalogue and making it available, as well as for collecting data in the catalogue and verifying it, taking into account the need to ensure the correct and efficient functioning of the process of collecting and verifying data in the catalogue, a uniform system for submitting and making it available and the technical possibilities of carrying out these tasks.
Art. 80c. Entities authorized to use data from the vehicle register
1.
The data collected in the register are made available, provided they are necessary for the performance of their statutory tasks, to the following entities:
1)
Police;
2)
Military Police;
3)
Border Guard;
4)
Internal Security Agency and Intelligence Agency;
5)
Central Anticorruption Bureau;
6)
Military Counterintelligence Service and Military Intelligence Service;
7)
Commander of the State Protection Service;
7a)
Internal Supervision Inspector;
7b)
Internal Inspectorate of the Prison Service;
8)
courts;
9)
prosecutor's office;
10)
bodies of the National Tax Administration;
11)
Insurance Guarantee Fund;
12)
Polish Motor Insurers' Bureau;
13)
The Social Insurance Institution - in order to enable the securing of receivables from contributions which the Social Insurance Institution is obliged to collect by means of a statutory lien;
14)
authorities competent for vehicle registration;
14a)
authorities competent for the implementation of tasks related to the operation of a clean transport zone;
15)
municipal (city) guards;
16)
Road Transport Inspection;
17)
Head of the National Criminal Information Centre;
18)
court bailiffs;
19)
administrative enforcement authorities and tax authorities;
20)
heads of military recruitment centers;
20a)
the minister responsible for climate affairs;
21)
the minister responsible for environmental affairs;
22)
the minister responsible for transport;
23)
(repealed)
24)
President of the Central Statistical Office;
25)
insurance companies;
26)
vehicle inspection stations;
27)
Director of Transport Technical Supervision;
28)
authorities competent for the implementation of tasks related to the operation of paid parking zones;
29)
the minister responsible for social security, the head of a social welfare centre, and in the case of transformation of a social welfare centre into a social services centre pursuant to the provisions of the Act of 19 July 2019 on the implementation of social services by a social services centre (Journal of Laws, item 1818) – the director of the social services centre or a social worker;
30)
the body maintaining the Register of Treasury Pledges;
31)
Environmental Protection Inspection bodies;
31a)
mining supervision authorities;
32)
measures administration bodies;
33)
National Centre for Emission Balancing and Management;
34)
Forest Guard and Park Guard;
35)
the entity responsible for maintaining the catalogue referred to in Article 80bh, paragraph 8, of the catalogue of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland.
2.
Data on vehicles referred to in Article 73, paragraph 3, vehicle registration , shall be made available only to the entities specified in paragraph 1, points 1-10 and 16, and in paragraph 2a.
2a.
Data or information collected in the register is also made available to the minister responsible for internal affairs and the minister responsible for public finances, for the purpose of carrying out their statutory tasks, using data teletransmission devices, without the need to submit a written request.
3.
The data collected in the register may be made available to courts via the IT system administered by the Minister of Justice.
3a.
The data collected in the register are made available to insurance companies via the IT system supporting the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau.
4.
The entities referred to in paragraph 1 are provided with access to the data collected in the register in electronic form using electronic means of communication under the terms specified in the Act of 17 February 2005 on the Computerization of the Activities of Entities Performing Public Tasks. Data may be provided in another form only if access to the data in electronic form is not possible.
5.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may consist of a printout from the IT system managing the register. This printout does not require a signature or stamp.
6.
The minister responsible for computerization may consent, by way of a decision, to making the data collected in the register available to the entities referred to in paragraph 1, taking into account paragraph 6a, or their organizational units, using data teletransmission devices, without the need to submit a written request, if they meet all of the following conditions:
1)
have devices that enable the system to record who obtained the data, when, for what purpose and for what purpose;
2)
have technical and organizational security measures in place to prevent the data from being used for purposes other than those for which they were obtained;
3)
it is justified by the specificity or scope of the tasks performed or the activities conducted.
6a.
The entity referred to in paragraph 1 point 18 shall be provided with access to the data collected in the register only via data teletransmission devices, after meeting the conditions referred to in paragraph 6.
7.
The decision referred to in paragraph 6 shall not be issued in the case referred to in paragraph 2a.
Art. 80ca. Sharing data from the register with foreign entities
Data collected in the register may be shared with foreign entities to fulfill the provisions of international agreements ratified by the Republic of Poland, as well as to implement legal acts enacted by an international organization of which the Republic of Poland is a member. The procedures and manner of data sharing are specified in international agreements ratified by the Republic of Poland, legal acts enacted by an international organization of which the Republic of Poland is a member, or agreements concluded between the relevant ministers of European Union member states.
Art. 80cb. Conditions for providing data from the vehicle register
1.
Any interested party, after providing the data specified in the regulations issued under paragraph 3, shall have the data collected in the register made available in electronic form using an IT system. 1. Any interested party, after providing the data specified in the regulations issued under paragraph 3, shall have the data collected in the register made available in electronic form using an IT system. The report from the IT system confirms the data collected in the register and does not require a signature or stamp. ( Article 80cb, Conditions for Sharing Data from the Vehicle Register , paragraph 1, in this wording, shall enter into force on the date of implementation of technical solutions enabling the generation from the IT system supporting the Central Register of Vehicles of a report confirming the data collected in this register, as specified in the announcement published in the Journal of Laws and the Public Information Bulletin).
2.
Personal data collected in the register may be made available after authentication of the interested party under the terms specified in Article 20a , paragraph 1 of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
3.
The minister responsible for computerization will determine, by way of regulation:
1)
data required to provide individual data,
2)
detailed scope of data shared
– taking into account the need to ensure data security.
Art. 80cba. Scope of vehicle data made available to interested parties
Each interested party, after providing the vehicle registration number, is provided with the following vehicle data via the web service:
1)
make, type and model (trade name);
2)
pollutant emission levels (EURO standards);
3)
fuel type, first alternative fuel type, second alternative fuel type;
4)
year of production. ( Art. 90cba comes into force on the date of implementation of solutions enabling the application of the provisions of the Act – specified by the minister responsible for computerization in consultation with the minister responsible for internal affairs in a communiqué published in Monitor Polski.)
Art. 80cc. Disclosure of data from the vehicle register at the request of the owner, keeper or user of the vehicle
1.
The data collected in the register shall also be made available at the request of the owner of the vehicle, the keeper of the vehicle referred to in Article 73, paragraph 5, vehicle registration , and the user of the vehicle used under a leasing agreement, the registration of which was requested by the lessor (vehicle owner), to which they relate.
2.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon request, submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may be a printout from the IT system managing the register. This printout does not require a signature or stamp.
Art. 80cd. Sharing data from the vehicle register with other entities
1.
The minister responsible for computerization may make the data collected in the register available to entities other than those mentioned in Articles 80c–80cc, including natural persons, legal persons or organizational units without legal personality, if they demonstrate their legal interest.
2.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may consist of a printout from the IT system managing the register. This printout does not require a signature or stamp.
Art. 80ce. Transfer of data from the vehicle register for reuse
1.
Data or information collected in the register is transferred for re-use in a way that excludes the possibility of identifying persons or vehicles, in compliance with the provisions of the Act of 11 August 2021 on open data and re-use of public sector information (Journal of Laws of 2023, item 1524), unless the provisions of the Act provide otherwise.
2.
Data collected in the register are transferred for reuse upon request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature or a personal signature.
3.
Data collected in the register may also be made available for reuse via network services.
Art. 80cf. Regulation on the application for access to data from the vehicle register
1.
The minister responsible for computerization will specify, by way of a regulation, the template of the application referred to in art. 80c entities authorized to use data from the vehicle register, paragraph 5, art. 80cc disclosure of data from the vehicle register at the request of the owner, keeper or user of the vehicle, paragraph 2, art. 80cd disclosure of data from the vehicle register to other entities, paragraph 2, and art. 80ce transfer of data from the vehicle register for reuse, paragraph 2, guided by the needs to improve the process of sharing and transmitting data from the register.
2.
The minister responsible for computerization will determine, by way of a regulation, the type and scope of data made available pursuant to Article 80c to entities authorized to use data from the vehicle register and Articles 80cc–80ce, taking into account the need to ensure the security of data processed in the register and its protection against unauthorized disclosure and access.
Art. 80cg. Fee for providing data from the vehicle register
The data collected in the records are made available and transferred:
1)
free of charge, in the case of data:
a) made available pursuant to Articles 80c–80cc,
b) transferred pursuant to Article 80ce transferring data from the vehicle register for re-use in the manner specified in Article 80ce transferring data from the vehicle register for re-use par. 2 to public administration bodies not listed in Article 80c entities authorised to use data from the vehicle register par. 1, for non-commercial purposes,
c) made available pursuant to Article 80ce transferring data from the vehicle register for re-use in the manner specified in Article 80ce transferring data from the vehicle register for re-use par. 3, for commercial and non-commercial purposes;
2)
for a fee, in the case of data:
a) made available pursuant to Article 80cd , making data from the vehicle register available to other entities ,
b) transferred pursuant to Article 80ce, transferring data from the vehicle register for re-use in the manner specified in Article 80ce , paragraph 2, for commercial and non-commercial purposes.
Art. 80ch. Fees for providing data from the vehicle register
1.
The amount of the fee for providing individual data concerning one vehicle or one person may not be higher than 2% of the average remuneration in the national economy, referred to in art. 20 , announcement in "Monitor Polski", point 1, letter a of the Act of 17 December 1998 on pensions and annuities from the Social Insurance Fund (Journal of Laws of 2023, items 1251, 1429 and 1672 and of 2024, items 834 and 858).
2.
The fee for providing data from the register for commercial and non-commercial purposes is determined according to the formula:
O = K × (A + B) + M
where:
O – total amount of the fee for providing data for commercial and non-commercial purposes,
K – coefficient equal to:
a) 1.0 – for non-commercial purposes,
b) 1.5 – for commercial purposes,
A – fee for IT work,
where
A = 0.5H1 × Z + 0.5H2 × Z + 0.75H3 × Z + 10H4 × Z + H5 × Z
B – fee for operating work,
where
B = 1.5H6 × 10Z + H7 × 10Z + 1.5H8 × 10Z + 0.6H9 × 10Z + 0.5H10 × 10Z
M – cost of consumables added if it exceeds 5% of the service value,
and the individual symbols mean:
H – number of hours allocated to the task:
H1 – duration of programming and design work,
H2 – time of developing program documentation,
H3 – duration of analytical and design work,
H4 – time of developing a new program,
H5 – time of developing a program from ready-made modules,
H6 – time of selecting a subset from the database,
H7 – time of processing selected data,
H8 – time of preparing a statistical table,
H9 – time of printing lists from a selected subset containing up to 300 individual data items,
H10 – time of printing lists from a selected subset containing more than 300 individual data items,
Z – fee for providing individual data from the register.
3.
The maximum amount of the fee referred to in paragraph 2 is PLN 23,000.
4.
The minister responsible for computerization will determine, by way of regulation:
1)
the fee for providing individual data from the register,
2)
conditions and method of paying the fee for providing data from the register,
3)
the method of documenting the payment of a fee for access to data from the register
– taking into account the different forms of submitting a request for access to data and the procedure for making it available for commercial and non-commercial purposes.
Art. 80d. Fund - Central Register of Vehicles and Drivers
1.
(repealed)
2.
A Fund is established - Central Register of Vehicles and Drivers, hereinafter referred to as the "Fund", whose administrator is the minister responsible for computerization.
3.
The Fund is a state-owned special-purpose fund.
3a.
The insurance company is obliged to pay the registration
fee referred to in Article 30, paragraph 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau:
1)
pays the registration fee to the Fund's bank account at least once a quarter;
2)
prepares a report on paid registration fees, containing information on the number of civil liability insurance contracts concluded by the insurance company for motor vehicle owners for damages arising in connection with the use of these vehicles, the amount of the unit registration fee, information on the value of the registration fees paid, information on the interest paid for late payment of these fees, information on the payment of the amounts due, identification data of the insurance company submitting the report and, in the case of overpayment or underpayment, information on the correction of the report;
3)
submits a report on the registration fees paid to the minister responsible for computerization.
3aa.
The insurance company shall submit the report referred to in paragraph 3a point 3 in electronic form using electronic means of communication at least once a quarter.
3b.
Late payment interest is charged on late payments, at the rate of interest due for late payment of tax liabilities.
3c.
The provisions of Part III of the Act of 29 August 1997 - Tax Ordinance (Journal of Laws of 2023, items 2383 and 2760 and of 2024, item 879) shall apply accordingly to receivables for the registration fee and default interest, excluding Art. 75 Application to establish tax overpayment § 4a to the extent of determining the amount of tax liability in the decision establishing overpayment and Art. 75 Application to establish tax overpayment § 4b, with the proviso that the powers of the tax authorities are vested in the minister responsible for computerization.
4.
The Fund's revenues are:
1)
fees charged for providing data or information from the central vehicle register and the central driver register;
2)
(repealed)
2a)
(repealed)
3)
the registration
fee referred to in Article 30, section 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau;
4)
(repealed)
4a)
(repealed)
5)
default interest charged on late payment of registration fees;
6)
interest on free funds transferred for management in accordance with the provisions on public finances;
7)
other income.
4a.
The collection of receivables for the due registration fee and interest referred to in paragraph 3b shall be carried out on the basis of the provisions of the Act of 17 June 1966 on enforcement proceedings in administration (Journal of Laws of 2023, items 2505 and 2760 and of 2024, items 858 and 859) - within the scope of enforcement of pecuniary obligations.
5.
The Fund’s expenditures are intended to finance expenses related to the creation, development and operation of the central register of vehicles and the central register of drivers, including the National Contact Point, the central register of parking card holders and the electronic catalogue of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland.
5a.
Payments from the Fund may be made to the state budget account.
5b.
The Fund's expenditures may be allocated to financing expenses related to the implementation of tasks referred to in Article 19 , paragraph 1 of the Act of 26 May 2023 on the mObywatel application (Journal of Laws, item 1234 and of 2024, item 854).
6.
(repealed)
6a.
The amount of the registration fee referred to in art. 30 , the registration fee paid by the insurance company under the concluded contract, section 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau, may not be higher than 0.1% of the average remuneration in the national economy, referred to in art. 20, the announcement in "Monitor Polski", item 1, letter a of the Act of 17 December 1998 on pensions and disability pensions from the Social Insurance Fund.
7.
The minister responsible for computerization, in consultation with the minister responsible for financial institutions, will determine, by way of a regulation:
1)
the amount of the registration
fee referred to in Article 30, section 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau,
2)
deadline for payment of the registration fee by insurance companies obliged to pay this fee,
3)
the date, method and frequency of submitting the report on the registration fees paid,
4)
template of the report on registration fees paid
– taking into account the costs related to the operation of the central register of vehicles and the central register of drivers, the correctness of payment of registration fees, the validity of the information contained in the submitted reports and the need to ensure the standardisation and transparency of the information submitted.
8.
(repealed)
Art. 80e. Extraction of data on Agency and service vehicles from the vehicle register
1.
(repealed)
2.
(repealed)
Art. 80f. Repealed
Art. 80g. Repealed
Art. 80h. Repealed
Art. 80i. Repealed
Art. 80j. Repealed
Art. 80k. National Contact Point
1.
A National Contact Point is being established at the central vehicle register.
2.
The National Contact Point is run by the minister responsible for computerization in the IT system referred to in Article 80a, paragraph 4 of the Central Register of Vehicles .
3.
The National Contact Point enables the exchange of information with the relevant national contact points of other European Union Member States and with national authorized entities – in the scope of data relating to vehicles and their owners or holders.
4.
The national authorized entities are, to the extent necessary to perform their statutory tasks:
1)
Police;
2)
Road Transport Inspection;
3)
municipal (city) guards;
4)
customs authorities;
5)
Border Guard.
5.
The exchange of information referred to in paragraph 3 takes place in connection with the commission of the infringements referred to in paragraph 6, in particular in order to facilitate the identification of persons suspected of committing an infringement while driving a vehicle registered in another Member State of the European Union on the territory of the Republic of Poland or while driving a vehicle registered in the Republic of Poland on the territory of another Member State of the European Union.
6.
The exchange of information referred to in paragraph 3 takes place in connection with the following road traffic violations:
1)
failure to comply with the speed limit;
2)
failure to use seat belts or transport the child in a child safety seat or other child restraint device;
3)
failure to comply with traffic light signals or signs ordering the vehicle to stop;
4)
driving a vehicle after consuming alcohol or in a state of intoxication;
5)
driving a vehicle after using or under the influence of an intoxicating substance;
6)
failure to comply with the obligation to wear protective helmets while driving;
7)
using the road or its individual parts in a manner inconsistent with its intended purpose;
8)
using a phone while driving that requires holding the handset or microphone in your hand.
Art. 80l. Exchange of information carried out by the National Contact Point
1.
The National Contact Point
shall exchange information referred to in Article 80k paragraph 3 using data teletransmission devices and the software referred to in Article 15 paragraph 1 of Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.08.2008, p. 12), by:
1)
providing data upon requests from national contact points of other European Union Member States;
2)
forwarding inquiries from national authorised entities to national contact points of other European Union Member States;
3)
providing national authorised entities with answers to their enquiries referred to in point 2, provided by national contact points of other European Union Member States.
2.
The National Contact Point shall exchange information with the national contact points of other Member States of the European Union in accordance with the procedures set out in Chapter 3, points 2 and 3 of the Annex to the decision referred to in paragraph 1.
Article 80m. Use of information from the National Contact Point by national authorized entities
National authorized entities:
1)
submit requests for information referred to in Article 80k National Contact Point paragraph 3, via the National Contact Point using data teletransmission devices;
2)
make the information obtained available to the relevant officers or employees of national authorized entities for the purposes of ongoing proceedings;
3)
they use ICT solutions adapted to cooperate with the National Contact Point.
Art. 80n. Processing of data obtained from the National Contact Point
National authorized entities process data obtained through the National Contact Point only in connection with the commission of infringements referred to in Article 80k National Contact Point paragraph 6.
Art. 80o. Data provided by the National Contact Point
1.
The National Contact Point, upon requests from national contact points of other European Union Member States, provides these points with data on:
1)
vehicle:
a) registration number,
b) VIN or vehicle body, chassis or frame number,
c) country of registration,
d) make,
e) model,
f) category;
2)
the owner of the vehicle and the holder referred to in Article 73 paragraph 5 of the Vehicle Registration Act :
a) name and surname (name or company),
b) address of residence (registered office),
c) PESEL number,
d) REGON identification number,
e) date and place of birth.
2.
Domestic authorized entities provide the following information in their requests for information:
1)
country of registration of the vehicle;
2)
vehicle registration number;
3)
country of perpetration of the violation;
4)
date of the violation;
5)
time of the violation;
6)
type of violation referred to in Article 80k National Contact Point paragraph 6.
Article 80p. Report on inquiries submitted via the National Contact Point
1.
The minister responsible for computerization prepares a report containing:
1)
the number of requests for information sent via the National Contact Point to the national contact points of other Member States of the European Union in connection with the commission of infringements referred to in Article 80k National Contact Point, paragraph 6, together with an indication of the type of infringements to which the requests related and the number of requests which did not result in the national contact points of other Member States of the European Union providing the information referred to in Article 80k National Contact Point, paragraph 3;
2)
the number of infringements referred to in Article 80k National Contact Point paragraph 6, in relation to which inquiries were sent via the National Contact Point, including the number of infringements:
a) detected by means of recording devices,
b) in relation to which a notification of an infringement was sent;
3)
the number of fatal accidents involving vehicles registered in other European Union Member States.
2.
The minister responsible for computerization shall submit to the European Commission the report referred to in paragraph 1 every two years, by 6 May for the period of the two previous calendar years.
3.
The report referred to in paragraph 1 is prepared:
1)
within the scope referred to in paragraph 1 point 1 – based on information obtained from the National Contact Point;
2)
within the scope referred to in paragraph 1 points 2 and 3 – based on information obtained from national authorized entities.
4.
Domestic authorized entities shall submit to the minister responsible for computerization the information referred to in paragraph 1 points 2 and 3 on a form in electronic form, using data teletransmission devices.
5.
Domestic authorized entities shall provide the minister responsible for computerization with the information referred to in paragraph 1 points 2 and 3 every two years, by 15 March for the period of the two previous calendar years.
Art. 80q. Processing of personal data by the National Contact Point
1.
The provisions of Chapter 781_4 of the Act of 16 September 2011 on the exchange of information with law enforcement authorities of the Member States of the European Union (Journal of Laws of 2023, item 783) shall apply accordingly to personal data processed under the provisions of this chapter by the National Contact Point and national authorized entities.
2.
The personal data referred to in paragraph 1 may be used only for the purposes specified in Article 80k National Contact Point paragraph 5 and in connection with the commission of the infringements referred to in Article 80k National Contact Point paragraph 6.
3.
Every person concerned has the right to obtain information about his or her personal data that has been transferred to another Member State of the European Union, including information about the date of the request and the competent authority of the other Member State of the European Union that obtained the personal data.
Article 80r. Statutory delegation
The minister responsible for computerization, in consultation with the minister responsible for transport, shall specify, by way of a regulation, the template for the submission of information referred to in Article 80p report on inquiries submitted via the National Contact Point, paragraph 4, taking into account the scope of information specified in Article 80p report on inquiries submitted via the National Contact Point, paragraph 1, and the need to standardize the form of the data submitted.
Article 80ra. Enabling the exchange of information on violations of the obligation to pay electronic fees
The National Contact Point also enables the exchange of information on violations of the obligation to pay electronic tolls under the terms specified in Articles 13ma–13mc and Article 13me of data processing as part of the cross-border exchange of information of the Act of 21 March 1985 on public roads.
Article 80s. Vehicle registration certificate and vehicle registration plates
1.
The document confirming the admission to traffic of a motor vehicle, moped, agricultural tractor or trailer not previously registered in the territory of the Republic of Poland or abroad for the purpose of test driving these vehicles as part of the business conducted by an authorized entity is a professional registration certificate together with professional registration plates (plate).
2.
The entities authorized to use a professional registration certificate and professional registration plates (plates) within the scope of their business activities are:
1)
an entrepreneur with its registered office in the territory of the Republic of Poland, and in the case of an entrepreneur with its registered office abroad – a branch engaged in the production, distribution (sales conducted within the framework of trade) or testing of vehicles not previously registered in the territory of the Republic of Poland or abroad,
2)
a technical service referred to in Art. 4 of the application for the performance of the tasks of a technical service of the Act of 14 April 2023 on vehicle approval systems and their equipment, or a research unit of the manufacturer of a vehicle, an item of equipment or a part conducting tests of a vehicle, an item of equipment or a part
- hereinafter referred to as "authorised entities".
3.
An entrepreneur engaged in the production of vehicles referred to in paragraph 2 point 1 shall be deemed to be the manufacturer of a complete, assembled or incomplete vehicle.
4.
A test drive is understood as a drive in road traffic with a vehicle not previously registered in the territory of the Republic of Poland or abroad, performed:
1)
using a professional registration certificate and professional license plates,
2)
as part of the activities carried out by the entity authorized to do so in the scope referred to in paragraph 2,
3)
by an authorized entity or persons referred to in Article 80w, conditions for test driving a vehicle, paragraphs 2-4
- in order to test a manufactured or tested vehicle, including its equipment or parts, or a test of a vehicle being distributed.
5.
The professional registration certificate is a professional registration certificate form completed by the district head and an authorized entity. The professional registration certificate form is completed partly by the district head and partly by an authorized entity, in accordance with the scope specified in the provisions issued under Art. 80zc Regulation on defining the duties of the district head and templates of vehicle registration documents , paragraph 1, point 4.
6.
A professional registration certificate confirms the right to perform test drives for a period of:
1)
30 days from the date of completion of the professional registration certificate form by the authorized entity referred to in paragraph 2 point 1,
2)
6 months from the date of completion of the professional registration certificate form by the authorized entity referred to in paragraph 2 point 2
– but no longer than until the date of expiry or revocation of the decision on professional registration of vehicles for which the professional registration certificate forms were issued.
Art. 80t. Procedure for applying for a decision on professional vehicle registration
1.
An authorized entity may apply for a decision on professional vehicle registration if:
1)
has not been convicted by a final judgment of an offence against property, an offence against economic turnover or an offence against the credibility of documents - this applies to an entrepreneur if he is a natural person, or members of the governing bodies of a legal person or an organisational unit without legal personality;
2)
has made a declaration that:
a) each of the vehicles used for test drives will meet the conditions specified in Article 66 of the Technical Requirements for Vehicles Participating in Traffic , appropriate for the vehicle used for these drives,
b) will use in road traffic, using a professional registration certificate, only vehicles not previously registered in the territory of the Republic of Poland or abroad, for which it has a documented right to dispose of them, and exclusively for the purpose of performing test drives,
c) professional registration certificate forms will be filled in only by an authorized entity or persons employed by that entity.
2.
The starosta competent for the seat or branch of the authorized entity, at the request of that entity, issues, for a fee, a decision on professional vehicle registration, blank professional registration certificates and professional registration plates.
3.
The application referred to in paragraph 2 shall be accompanied by:
1)
a statement that the authorized entity is entered in the Central Registration and Information on Business, or a copy of a current extract from the register of entrepreneurs in the National Court Register, or a statement on entry in this register, or a self-downloaded computer printout of current information about the authorized entity entered in the National Court Register – in the case of an entrepreneur with a registered office or branch in the territory of the Republic of Poland, engaged in the production, distribution or testing of vehicles;
2)
a copy of the document confirming the entity’s authorisation to carry out appropriate tests of the vehicle, equipment or parts – in the case of entities referred to in Article 80s, the vehicle registration certificate and vehicle registration plates, paragraph 2, point 2;
3)
declarations:
a) of an entrepreneur, if he is a natural person, or of members of the governing bodies of a legal person or an organizational unit without legal personality, of no criminal record for an offense against property, an offense against economic turnover or an offense against the credibility of documents,
b) referred to in paragraph 1 point 2;
4)
a copy of proof of payment of the fee for issuing a decision on professional vehicle registration, blank professional registration certificates and legalized professional registration plates.
4.
The declarations referred to in paragraph 1 point 2 and paragraph 3 point 3 letter a are submitted under pain of criminal liability for making false declarations. The person submitting the declaration is obliged to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
5.
The fee for issuing a decision on professional vehicle registration, blank professional registration certificates and legalized professional registration plates (plates) is collected by the staroste.
6.
Fee for issuance:
1)
the decision on professional vehicle registration cannot exceed PLN 100;
2)
the value of a blank professional registration certificate cannot exceed PLN 20;
3)
professional license plates cannot exceed:
a) PLN 80 for a set of professional car plates,
b) PLN 40 for a professional motorcycle plate,
c) PLN 30 for a professional moped plate;
4)
the cost of the legalization mark cannot exceed PLN 15.
7.
The starosta, when carrying out the task referred to in paragraph 2, is not obliged to carry out the inspection referred to in Article 84 paragraph 2 point 1 letter d of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau.
Art. 80u. Decision on professional vehicle registration
1.
The decision on professional vehicle registration is issued by the starosta for a period of 1 year from the date of its issuance.
2.
In the decision on professional registration of vehicles, the staroste assigns one or, at the request of the authorized entity, more than one registration number.
3.
For the decision on professional vehicle registration, the staroste issues:
1)
professional registration certificates filled in by the person concerned in the number:
a) requested by the authorized entity, but not exceeding 100 pieces,
b) requested – in the case of an authorized entity engaged in the production of vehicles;
2)
legalized professional registration plates (plates) corresponding to the registration number or registration numbers assigned in the decision on professional vehicle registration.
4.
During the validity period of the decision on professional vehicle registration, the authorized entity, after using the blank professional vehicle registration certificates, may submit an application to the district head for the issuance of additional blank certificates in the number specified in paragraph 3, point 1, with the professional vehicle registration certificates attached to the application. In such a case, the district head issues an additional annex to the decision on professional vehicle registration.
Art. 80v. Another decision on professional vehicle registration
1.
If, no later than 60 days before the expiry date of the decision on professional vehicle registration, the authorized entity submits an application to the district head for another decision on professional vehicle registration, the district head issues another decision on professional vehicle registration, which will be effective from the day following the last day of the validity period of the previous decision on professional vehicle registration. The provisions of Article 80t (Procedure for Applying for a Decision on Professional Vehicle Registration) and Article 80u (Decision on Professional Vehicle Registration ) shall apply.
2.
When submitting the application referred to in paragraph 1, the authorized entity is obliged to return the professional registration certificates.
3.
Unused blanks of professional registration certificates and existing professional registration numbers and professional registration plates (plates) are included by the staroste, free of charge, at the request of the authorized entity, in the next decision on professional vehicle registration, without the need to return them when submitting the application referred to in paragraph 1.
Art. 80w. Conditions for carrying out a vehicle test drive
1.
In order to test drive a given vehicle, a professional registration certificate form is completed.
2.
The test drive may be performed by an authorized entity or its employee.
3.
In the case of an authorized entity engaged in the production of vehicles, a test drive may also be performed on the basis of a civil law contract.
4.
A test drive is permitted for anyone interested in purchasing a vehicle, provided it is performed in the presence of an authorized vehicle distribution entity or its employee.
5.
An authorized entity that has obtained a decision on professional vehicle registration may not transfer a blank professional registration certificate, professional registration certificate or professional registration plates to the person who purchased the vehicle from that entity or to another entity.
6.
On the basis of a professional registration certificate, the staroste cannot register the vehicle, as referred to in Article 73 Vehicle registration and Article 74 Temporary vehicle registration .
Art. 80x. List of vehicles used by a given entity
1. An authorized entity that has obtained a decision on professional vehicle registration is obliged to maintain a list of vehicles used by it in road traffic using a professional registration certificate and legalized professional registration plate(s) in the IT system supporting the Central Register of Vehicles.
2. The authorized entity shall include in the list of vehicles referred to in par. 1 the data referred to in art. 80b par. 1 pt. 8b of the Central Register of Vehicles , by completing the form of the professional registration certificate, before this entity concludes a third -party liability insurance contract for motor vehicle owners, referred to in art. 4 pt. 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau.
3. The authorized entity may include in the list of vehicles referred to in par. 1 the data referred to in art. 80b data in the Central Register of Vehicles , paragraph 1, point 8b, letter a, before the entity completes the professional registration certificate form.
( Art. 80x, the list of vehicles used by a given entity , enters into force after 2 months from the date of publication by the minister responsible for computerization of the information referred to in Art. 7 of the Regulation on signs and signals mandatory in road traffic , in the Official Journal of the Minister of Digital Affairs.)
Art. 80y. Obligations of an entity operating in the field of production, distribution, testing of vehicles or vehicle equipment or parts
1.
Within 30 days from the date of expiry or revocation of the decision on professional vehicle registration, the authorized entity is obliged to return the blank professional registration certificates, professional registration certificates and professional registration plates (plates) to the staroste, using the return document.
2.
If, within 30 days of the expiration of the decision on professional vehicle registration, the authorized entity submits an application to the district head for another decision on professional vehicle registration, the district head, when issuing this decision, issues to that entity, free of charge, unused professional registration certificates and professional license plates. After this period, the district head may issue returned professional license plates for a fee to another authorized entity that submitted the application for a decision on professional vehicle registration, with that entity's consent.
3.
The authorized entity shall immediately notify the starosta about:
1)
cessation of activities in the field of production, distribution, vehicle testing or testing of equipment or parts;
2)
change of name or address of the registered office or branch or REGON identification number.
4.
In the event of a change in the authorized entity's data referred to in paragraph 3, point 2, the authorized entity, when submitting the notification referred to in paragraph 3, shall return the professional registration certificate forms and professional registration certificates to the staroste. The provisions of Article 80t, concerning the procedure for applying for a decision on professional vehicle registration, shall apply accordingly.
Article 80z. Loss or destruction of vehicle registration documents or license plates
1.
In the event of loss or destruction of blank professional registration certificates, professional registration certificates or professional registration plates (plates), the authorized entity is obliged to immediately submit to the staroste a declaration that the blank professional registration certificates or professional registration certificates have been lost or destroyed, indicating their series and numbers, or that the professional registration plates (plates) have been lost or destroyed, indicating their registration number and legalization mark number.
2.
The declaration referred to in paragraph 1 is submitted under penalty of criminal liability for making false declarations. The person submitting the declaration is obligated to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
Art. 80za. Application for the issuance of blank registration certificates or vehicle registration plates in connection with the loss or destruction of the held
In the event that during the validity period of the decision on professional vehicle registration the following has been lost or destroyed:
1)
blank professional registration certificates or
2)
professional registration plates (plates)
– the authorized entity may submit to the starosta an application for the issuance, for a fee, of new plates in a number corresponding to the number of lost or damaged plates or new professional registration plates (plates).
Art. 80zb. Repeal of the decision on professional vehicle registration
1.
The staroste, by way of a decision, revokes the decision on professional vehicle registration if:
1)
the entrepreneur has ceased to conduct business in the field of production, distribution or testing of vehicles;
2)
the technical service referred to in Art. 4 of the application for the performance of the tasks of a technical service of the Act of 14 April 2023 on vehicle approval systems and their equipment, or the research unit of the manufacturer of the vehicle, item of equipment or part carrying out tests of the vehicle, item of equipment or part has ceased to carry out the relevant tests of the vehicle, item of equipment or part;
3)
it was revealed that after the date of issuing the decision on professional registration of vehicles:
a) the entrepreneur, if he is a natural person, or a member of the authorities of a legal person or an organizational unit without legal personality was finally convicted of an offence against property, an offence against business transactions or an offence against the credibility of documents,
b) the authorized entity used vehicles in road traffic with the use of a professional registration certificate for which he did not have a documented right to dispose of them;
4)
the authorized entity submitted a false declaration referred to in Article 80t, paragraph 3, point 3, letter a;
5)
the authorized entity submitted a false declaration about the loss or destruction of blank professional registration certificates, professional registration certificates or professional registration plates;
6)
the authorized entity submitted an application to the staroste for the issuance of additional or new blank professional registration certificates during the validity period of the decision on professional vehicle registration, and did not return the professional registration certificates or did not submit a declaration of their loss or destruction, referred to in Article 80z paragraph 1;
7)
the authorized entity transferred the professional registration certificate form, professional registration certificate or professional registration plates (plate) to another entity;
8)
the authorized entity performed a test drive using a blank professional registration certificate;
9)
the authorized entity failed to comply with the obligation to maintain a list of vehicles referred to in Article 80x, paragraph 1.
2.
The decision to revoke the decision on professional vehicle registration is subject to immediate execution.
3.
The authorized entity may re-apply for a decision on professional vehicle registration no earlier than after 2 years from the date on which:
1)
the decision on professional registration of vehicles was revoked for the reasons referred to in paragraph 1 points 3–9;
2)
the decision on professional registration of vehicles was revoked for the reasons referred to in paragraph 1 points 1 and 2, and the authorized entity did not return the blank professional registration certificates, professional registration certificates and professional registration plates (plates) to the staroste or did not submit the declaration referred to in Article 80z paragraph 1;
3)
the validity period of the decision on professional vehicle registration has expired, and within 30 days of the expiry of this period the authorized entity has not returned the blank professional registration certificates, professional registration certificates and professional registration plates (plates) to the staroste or has not submitted the declaration referred to in Art. 80z paragraph 1 of the loss or destruction of registration documents or vehicle registration plates .
Art. 80zc. Regulation on specifying the duties of the starosta and templates of vehicle registration documents
1.
The minister responsible for transport shall determine, by regulation:
1)
activities of the starosta in matters related to professional vehicle registration;
2)
template of:
a) an application for issuing a decision on professional registration of vehicles,
b) a decision on professional registration of vehicles, c) declarations
referred to in Article 80t , paragraph 3, point 3,
d) an application for issuing additional or new blank professional registration certificates or new professional registration plates,
e) a document for returning blank professional registration certificates, professional registration certificates and professional registration plates;
3)
template and description of the professional registration certificate form;
4)
the scope of filling out the professional registration certificate form by the staroste and the authorized entity;
5)
a template and description of professional license plates, the technical conditions that these plates must meet, and the scope and method of their testing;
6)
conditions and method of distribution of blank professional registration certificates;
7)
the fee for issuing:
a) a decision on professional vehicle registration,
b) a blank professional registration certificate,
c) professional registration plates, including:
– a set of professional car plates,
– a professional motorcycle plate,
– a professional moped plate,
d) a legalisation mark.
2.
When issuing the regulation referred to in paragraph 1, the minister responsible for transport shall take into account:
1)
the need to standardise the templates of documents and plates issued as part of professional vehicle registration and the need to ensure their functionality;
2)
the need to properly secure professional registration certificates and professional license plates;
3)
the cost of producing blank professional registration certificates and professional registration plates;
4)
costs of administrative activities related to issuing decisions on professional vehicle registration, blank professional registration certificates and legalized professional registration plates;
5)
the need to minimize administrative burdens on eligible entities.
Art. 80z. Indexation of fees for vehicle registration activities
1.
The fee rates referred to in art. 80t procedure for applying for a decision on professional registration of vehicles paragraph 6 and art. 80zc regulation on determining the activities of the starosta and templates of vehicle registration documents paragraph 1 point 7 letters b and d, are subject to indexation every 6 years to the extent corresponding to the total price index of consumer goods and services for the period of the previous 6 years calculated on the basis of the average annual price indices of consumer goods and services announced in announcements of the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski".
2.
If the indicator referred to in par. 1 has a negative value, the fee rates referred to in art. 80t procedure for applying for a decision on professional vehicle registration par. 6 and art. 80zc regulation on determining the activities of the starosta and templates of vehicle registration documents par. 1 point 7 letters b and d, shall not change.
3.
Every 6 years, no later than by 31 October, the minister responsible for transport shall announce, after seeking the opinion of the President of the Central Statistical Office, by means of a notice in the Official Journal of the Republic of Poland "Monitor Polski", the fee rates referred to in Article 80t , the procedure for applying for a decision on professional vehicle registration, paragraph 6, and Article 80zc, the regulation on defining the activities of the starosta and templates of vehicle registration documents , paragraph 1, item 7, letters b and d, applicable from 1 January of the following year, rounding them up to PLN 0.5 or to the nearest PLN.
Article 80ze. Storage of vehicle registration documents
1.
The authorized entity stores:
1)
decision on professional vehicle registration,
2)
blank professional registration certificates and professional registration certificates,
3)
professional license plates (plates)
– at your headquarters or branch, in a way that protects them against theft or destruction and access by unauthorized persons.
2.
The authorized entity stores:
1)
a decision on professional vehicle registration for a period of 5 years from the date on which the validity period of that decision expired or from the date of annulment of that decision;
2)
blank professional registration certificates, professional registration certificates and professional registration plates (plates) until they are returned to the staroste.
3.
In the event of theft of blank professional registration certificates, professional registration certificates or professional registration plates, the authorized entity shall notify the competent Police authority and the staroste who issued the decision on professional vehicle registration.
Art. 80zf. Retention of a professional registration certificate due to a violation of the provisions of the Act
1.
It is prohibited to:
1)
use of a professional registration certificate or professional registration plates by an unauthorized person;
2)
performing a test drive without a completed professional registration certificate.
2.
In the event of three seizures of a professional registration certificate within a given calendar year, the authorized entity shall be subject to a fine referred to in Article 140ma, paragraph 2 .
3.
The staroste, after receiving information from the administrator of the central register of vehicles about the first seizure of a professional registration certificate to an authorized entity, informs this entity that in the event of the third seizure of a professional registration certificate during a given calendar year, he will impose on it a fine referred to in Article 140ma, paragraph 2.
Art. 81. Technical examinations
1.
The owner of a motor vehicle, agricultural tractor, slow-moving vehicle included in a tourist train, moped, trailer or passenger car intended for sports competitions is obliged to submit it for a technical inspection.
2.
Technical inspections are divided into periodic inspections, additional inspections and inspections of compliance with
technical conditions.
3.
The first periodic technical inspection is carried out before the first registration of the vehicle in the territory of the Republic of Poland.
4.
The examination referred to in paragraph 3 does not apply to:
1)
a new vehicle for which:
a) an EC certificate of conformity for each vehicle for which type was issued, respectively:
– an EC vehicle type-approval certificate,
– an EC vehicle type-approval certificate for vehicles produced in small series,
b) a certificate of conformity for each vehicle for which type was issued, respectively:
– a vehicle type-approval certificate,
– a vehicle type-approval certificate for vehicles produced in small series,
c) individual vehicle approval,
d) decision on the recognition of individual vehicle approval,
e) EC individual vehicle approval certificate, f) documents referred to in the Act of 14 April 2023 on vehicle
approval systems and their equipment:
– certificate of conformity,
– declaration of conformity referred to in Art. 27, sec. 2 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
– national individual vehicle approval certificate,
– EU individual vehicle approval certificate,
– recognition of a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland;
2)
a registered vehicle:
a) for which an EC vehicle type-approval certificate, an EC vehicle type-approval certificate for vehicles produced in small series or an EU vehicle type-approval certificate was issued – in the period from the date of first registration abroad to the date of the periodic technical inspection, determined pursuant to paragraph 5, or
b) whose registration certificate or another document issued by the competent authority of a Member State
presented for registration contains information on the technical inspection performed and its validity period
– with the exception of a taxi, an emergency vehicle or a vehicle suitably adapted or equipped in accordance with the provisions on the transport of dangerous goods, a vehicle with an installed technical device subject to technical inspection and a vehicle designed for left-hand traffic.
5.
Periodic technical inspection of the vehicle is carried out annually, subject to paragraphs 6-10.
6.
Periodic technical inspections of passenger cars, trucks with a gross vehicle weight not exceeding 3.5 tonnes, motorcycles, or trailers with a gross vehicle weight not exceeding 3.5 tonnes are conducted within three years of first registration, then within five years of first registration, and no later than two years from the date of the previous technical inspection, and then within one year from the date of the inspection. This does not apply to vehicles transporting dangerous goods, taxis, motor vehicles designed to transport between 5 and 9 passengers, used for commercial road passenger transport, "SAM" vehicles, gas-powered vehicles, emergency vehicles, and vehicles used for driving lessons or state exams, which are subject to annual technical inspections.
7.
Periodic technical inspection of an agricultural tractor, agricultural trailer and moped is carried out within 3 years from the date of first registration, and then before the expiry of each subsequent 2 years from the date of the inspection.
8.
The provisions of paragraphs 6 and 7 also apply to vehicles referred to in paragraphs 6 and 7 registered for the first time abroad. In this case, the date of first registration referred to in paragraphs 6 and 7 shall be deemed to be the date of first registration abroad.
9.
Periodic technical inspection of a bus is carried out within one year from the date of first registration and then every 6 months.
10.
Light trailers, vintage vehicles, and passenger cars intended for sports competitions are not subject to periodic technical inspections. In the case of vintage vehicles used for commercial road transport, they are subject to annual technical inspections.
11.
Regardless of the tests referred to in paragraphs 3-5, the following vehicles are subject to additional technical inspection:
1)
referred by a road traffic control authority:
a) in the event of a justified suspicion that it poses a threat to road safety or violates environmental protection requirements,
b) who was involved in a road accident in which the essential load-bearing elements of the bodywork, chassis or frame were damaged, subject to point 5, or shows signs of damage or whose technical condition indicates a violation of the load-bearing elements of the vehicle structure, which may pose a threat to road traffic safety;
2)
directed by the starosta or at the request of the vehicle owner:
a) for the purpose of identification or establishing the data necessary for its registration,
b) if the documents required for its registration indicate that it was involved in a road accident or violates environmental protection requirements;
2a)
referred by the starosta after receiving:
a) information referred to in Art. 54f receiving information from an EU country on the need to carry out a technical inspection of a vehicle registered in the Republic of Poland of the Act of 6 September 2001 on road transport,
b) a request from a road traffic control authority on the need to carry out an additional technical inspection of a vehicle of categories M 2 , M 3 , N 2 and N 2 , a trailer of categories O 3 and O 4 and a wheeled tractor of categories T 1b , T 2b , T 3b , T 4.1b , T 4.2b , T 4.3b and T 5 used on a public road to perform commercial transport of goods;
3)
in which structural changes or replacement of elements have been made resulting in a change of data in the registration certificate, subject to Art. 66 technical requirements for vehicles participating in traffic , paragraph 4 points 5 and 6, excluding the installation of a gas supply system;
4)
which is to be used as a taxi, emergency vehicle, driving school vehicle, state examination vehicle or a vehicle adapted or equipped in accordance with the regulations on the transport of dangerous goods by road;
5)
in which the repair resulting from the significant damage was carried out;
6)
in which, during the technical inspection, traces of damage or damage to the load-bearing elements of the vehicle structure were found, which may pose a threat to road safety;
7)
for which technical requirements are specified in the provisions on value added tax, personal income tax or corporate income tax;
8)
a bus whose permissible speed on the highway and expressway is 100 km/h, subject to compliance with additional technical conditions;
9)
for which additional technical requirements are specified in international agreements on international road transport;
10)
equipped with an alcohol lock.
11a.
A historic vehicle is subject to inspection for compliance with technical conditions before its first registration in the territory of the Republic of Poland.
11b.
A passenger car intended for sports competitions is subject to annual inspection for compliance with technical conditions.
12.
A technical inspection of a vehicle with a technical device subject to technical inspection installed may be carried out after presenting a document issued by the competent technical inspection authority, confirming the efficiency of the technical device.
12a.
The technical inspection of a vehicle equipped with an alcohol interlock is carried out after presenting a document confirming the calibration of the alcohol interlock, issued by the manufacturer of the device or its authorized representative, valid for a period of 12 months from the date of issue.
12b.
The technical inspection of an agricultural tractor and a tracked tractor with a maximum design speed not exceeding 40 km/h, as well as a trailer intended to be coupled to these vehicles, may be carried out in infrastructure other than a test stand at a vehicle inspection station if:
1)
this infrastructure meets the requirements specified in the regulations issued pursuant to Article 84b of the Regulation on the conditions and requirements for conducting technical inspections of vehicles ;
2)
an entrepreneur or a non-entrepreneur operating a vehicle inspection station has the control and measurement equipment specified in these provisions.
12c.
The provision of paragraph 12b does not apply to the technical inspection referred to in paragraphs 3 and 11.
12d.
The technical inspection of vehicles referred to in paragraph 12b is conducted at the request of the vehicle owner or keeper. The vehicle owner or keeper submits the application to the entrepreneur or non-entrepreneur operating the vehicle inspection station in writing, in paper or electronic form. In the application, the vehicle owner or keeper confirms that they have the infrastructure that meets the requirements specified in the regulations issued pursuant to Article 84b of the Regulation on the conditions and requirements for conducting technical inspections of vehicles , where the technical inspection can be conducted.
12e.
The cost of travel of an authorized diagnostician to the infrastructure referred to in paragraph 12b is covered by the owner or keeper of the vehicle together with the submission of the application referred to in paragraph 12d.
12f.
Before carrying out a technical inspection, an authorized diagnostician shall verify whether the infrastructure referred to in paragraph 12b meets the requirements specified in the regulations issued pursuant to Article 84b of the Regulation on the conditions and requirements for conducting technical inspections of vehicles .
12g.
If, in the opinion of an authorized diagnostician, the infrastructure referred to in paragraph 12b does not meet the requirements specified in the provisions issued on the basis of Article 84b of the Regulation on the conditions and requirements for conducting technical inspections of vehicles , the authorized diagnostician shall refuse to carry out the technical inspection.
13.
If difficulties arise in determining the vehicle's parameters, a technical inspection may be carried out after presenting the opinion of a car appraiser referred to in Article 79a Car appraiser .
14.
The validity period of the vehicle technical inspection referred to in paragraph 4 point 2 letter b shall be deemed to be valid unless it is longer than the validity period of the technical inspection determined on the basis of paragraphs 5-10.
15.
The minister responsible for transport will determine, by way of a regulation, the scope and method of conducting technical inspections and the templates of documents used for these inspections, taking into account in particular the scope of technical conditions of the vehicles subject to inspection.
16.
The minister responsible for transport, taking into account the need to ensure the safe use of historic vehicles and the scope of the technical conditions of these vehicles subject to testing, will determine, by way of a regulation, the scope and method of conducting tests of compliance of these vehicles with the technical conditions, and the templates of documents related to these tests.
17.
The minister responsible for transport shall determine, by way of a regulation, the scope and method of conducting tests on the compliance of passenger cars intended for sports competitions with technical requirements and the templates of documents related to these tests, taking into account the need to ensure the safe use of passenger cars intended for sports competitions and the scope of technical requirements on compliance with which these cars are subject to testing.
Article 81a. Odometer replacement
Odometer replacement is permitted when the odometer is not measuring the vehicle's mileage when, due to its intended use, it should, or when it is necessary to replace a vehicle component to which the odometer is inextricably linked. The odometer may only be replaced with an odometer that is functional and appropriate for the vehicle type.
Art. 81b. Obligation to read the odometer reading
1.
The owner or keeper of a motor vehicle, agricultural tractor, slow-moving vehicle included in a tourist train, or moped, even unregistered, who has replaced the odometer, is obliged, within 14 days of the date of replacement of the odometer, to present the vehicle to a vehicle inspection station for an odometer reading, as referred to in Article 81a , second sentence, on odometer replacement , together with the unit of measurement. The provisions of Article 81, paragraph 13, of technical inspections, shall apply accordingly.
2.
Failure to meet the deadline referred to in paragraph 1 shall not constitute grounds for the vehicle inspection station to refuse to read the odometer reading together with the unit of measurement.
2a.
The provisions of paragraph 1 shall not apply to vehicles referred to in Article 73, vehicle registration, paragraphs 2b and 3.
3.
The condition for taking the reading referred to in paragraph 1 is that the owner or keeper of the vehicle pays a fee for taking the odometer reading together with the unit of measurement.
4.
The maximum fee for taking an odometer reading, including the unit of measurement, cannot exceed PLN 100. The fee constitutes income for the entrepreneur operating the vehicle inspection station.
5.
The procedure referred to in paragraph 1 is performed after the vehicle owner or keeper submits a written declaration of odometer replacement to the diagnostician, prepared on an official form. The declaration includes:
1)
name and surname of the person submitting the declaration;
2)
the PESEL number of the person submitting the declaration, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
3)
residential address of the person submitting the declaration;
4)
vehicle identification data;
5)
date and reason for odometer replacement;
6)
designation of the place and date of submission of the declaration;
7)
a clause reading: "I am aware of criminal liability for making a false declaration.";
8)
legible signature of the person making the declaration.
6.
The declaration referred to in paragraph 5 is submitted under penalty of perjury. The clause referred to in paragraph 5, point 7, replaces the information on perjury.
7.
The date and reason for replacing the odometer shall be determined, on the basis of the declaration referred to in paragraph 5, by an authorized diagnostician employed at a vehicle inspection station.
8.
The Minister of Justice shall determine, by regulation:
1)
a template of the official form for the declaration of the owner or keeper of the vehicle on the replacement of the odometer, taking into account the reliable documentation of activities related to the replacement of the odometer;
2)
the authority obliged to store the declaration referred to in paragraph 5 and the method of transmitting this declaration, taking into account the importance of this document for the information collected about the vehicle.
9.
The Minister responsible for transport will determine, by way of a regulation, the detailed activities of authorized diagnosticians related to reading the odometer reading together with the unit of measurement and the amount of the fee for reading the odometer reading together with the unit of measurement, taking into account the need to ensure a uniform procedure for reading the odometer reading together with the unit of measurement, reliable documentation of activities related to odometer replacement and the costs of these activities, including the necessary workload, as well as the principle of proportionality of fees.
Art. 82. Entry of the vehicle's technical inspection date in the registration certificate
1.
The body registering the vehicle enters the date of the vehicle's technical inspection in the registration certificate.
2.
After performing a technical inspection of the vehicle, an authorized diagnostician:
1)
issues a certificate of a completed technical inspection of the vehicle;
2)
enters the next technical inspection date in the registration certificate, if there is a free space in the appropriate box of this certificate - after confirming a positive result of the vehicle's technical inspection.
Art. 83. Place of vehicle technical inspection and financing of the costs of the inspection
1. The technical inspection is carried out after the owner or keeper of the vehicle pays the fee for carrying out the technical inspection in:
1)
basic vehicle inspection station – in the scope of:
a) periodic technical inspection of vehicles with a permissible total weight not exceeding 3.5 t, with the exception of letters b, d and e,
b) periodic technical inspection of agricultural tractors and tracked tractors with a maximum design speed not exceeding 40 km/h, provided that the station meets the requirements referred to in the provisions issued on the basis of art. 84a of the Regulation on vehicle inspection stations , par. 1 point 1 in terms of the dimensions of the external stand,
c) additional technical inspections in relation to the vehicles referred to in letter a, with the exception of par. 1a,
d) technical inspections of trailers intended to be coupled to vehicles specified in letter a, provided that the station meets the requirements referred to in the provisions issued on the basis of art. 84a of the Regulation on vehicle inspection stations , par. 1 point 1 in terms of the length of the test stand,
e) periodic technical inspections of trailers intended to be coupled to vehicles specified in letter b, provided that the station meets the requirements referred to in the provisions issued on the basis of art. Article 84a of the Regulation on Vehicle Inspection Stations, paragraph 1, point 1, regarding the dimensions of the external stand;
2)
district vehicle inspection station - in the scope of:
a) periodic technical inspection of all vehicles,
b) additional technical inspections of vehicles referred to in letter a,
c) tests regarding compliance with the technical conditions for historic vehicles.
1a. Technical inspection in the scope of tests regarding compliance with technical conditions of a bus whose permissible speed on a motorway and expressway is 100 km/h, a vehicle intended for the transport of dangerous goods, a historic vehicle, a "SAM" brand vehicle, a vehicle in which structural changes have been made or elements replaced resulting in a change of data in the registration certificate and a vehicle for which technical requirements are specified in the provisions of the Act of 11 March 2004 on the goods and services tax (Journal of Laws of 2024, items 361 and 852), the Act of 26 July 1991 on the personal income tax (Journal of Laws of 2024, items 226, 232, 854, 858, 859 and 863) or the Act of 15 February 1992 on the corporate income tax (Journal of Laws of 2023, item 2805 and 2024, items 232 and 854), and for which additional requirements are specified in international agreements concerning international road transport, is carried out only at a district vehicle inspection station.
1b. In the case of making the fee referred to in par. 1 in non-cash transactions, its payment shall be deemed to be the submission by the owner or keeper of the vehicle of an instruction to debit a bank account, an account at a cooperative savings and credit union, a payment account at a payment institution or an electronic money institution on the basis of a transfer order or payment by means of a payment instrument other than a transfer order.
1c. The fee referred to in par. 1 may be paid after a technical inspection has been carried out, if the agreement concluded between the entrepreneur operating the vehicle inspection station and the owner or keeper of the vehicle so provides.
1d. (repealed)
2. The business activity of operating a vehicle inspection station is a regulated activity within the meaning of the provisions of the Act of 6 March 2018 – Entrepreneurs' Law and requires an entry in the register of entrepreneurs operating a vehicle inspection station.
2a. A vehicle inspection station may be operated by the following entities that are not entrepreneurs:
1)
a school or training center providing training in professions related to the repair and operation of vehicles;
2)
a unit:
a) organizational unit of services subordinated to or supervised by the minister responsible for internal affairs,
b) organizational unit subordinated to or supervised by the Minister of National Defence, the minister responsible for health, the minister responsible for higher education and science or the minister responsible for transport,
c) fire protection,
d) the State Emergency Medical Services system.
2b. In relation to the entities referred to in par. 2a, the provisions relating to entrepreneurs specified in this chapter shall apply accordingly.
2c. Public funds transferred for the core activities of the entities referred to in par. 2a may not be used in connection with conducting business activities referred to in par. 2.
3. A vehicle inspection station may be operated by an entrepreneur who:
1)
has its registered office or place of residence in the territory of the Republic of Poland;
2)
is not an entrepreneur in respect of whom liquidation has been opened or bankruptcy has been declared;
3)
has not been convicted by a final judgment of an offence committed for the purpose of obtaining financial benefits or an offence against documents - applies to a natural person or members of the bodies of a legal person;
4)
has control and measurement equipment and premises that guarantee the performance of an appropriate scope of technical tests of vehicles in accordance with the detailed conditions for carrying out these tests;
5)
has a certificate of compliance of the equipment and premises with the requirements appropriate to the scope of tests performed, entered in the register of entrepreneurs running a vehicle inspection station;
6)
employs authorized diagnosticians.
4. The certificate referred to in paragraph 3, point 5, is issued, for a fee, by decision of the Director of Transport Technical Inspection, after inspecting the vehicle inspection station. The certificate remains valid until the factual circumstances for which it was issued change, but no longer than 5 years from the date of its issuance.
Art. 83a. Register of entrepreneurs running vehicle inspection stations
1.
The authority competent to maintain the register of entrepreneurs running a vehicle inspection station is the starosta (starosta) competent for the place of conducting the activity covered by the entry.
2.
If an entrepreneur conducts business activities referred to in Article 83 paragraph 2, in organizational units located in different poviats, he is obliged to obtain an entry in separate appropriate registers for each of these units.
3.
An entry in the register of entrepreneurs running a vehicle inspection station is made at the entrepreneur’s request containing the following data:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
the number in the register of entrepreneurs in the National Court Register, if the entrepreneur has such a number, and the REGON identification number, if the entrepreneur has such a number;
3)
Tax Identification Number (NIP) – if the entity is obliged to use this number under the provisions on the principles of recording and identifying taxpayers and payers;
4)
address of the entrepreneur's vehicle inspection station;
5)
the scope of research that the entrepreneur intends to conduct;
6)
names and surnames of employed diagnosticians along with their authorization numbers.
4.
Together with the application, the entrepreneur submits the following declaration:
"I declare that:
1)
the data contained in the application for entry into the register of entrepreneurs running a vehicle inspection station are complete and true;
2)
I am familiar with and meet the conditions for conducting business activity in the field of running a vehicle inspection station, specified in the Act of 20 June 1997 - Road Traffic Law."
5.
The declaration should also include:
1)
the entrepreneur's name and place of residence or registered office and address;
2)
designation of the place and date of submission of the declaration;
3)
signature of the person authorized to represent the entrepreneur, indicating the name and surname and function performed.
5a.
The minister responsible for transport will specify a template for an application to change the data contained in the register of entrepreneurs operating a vehicle inspection station and a template for an application to remove a vehicle inspection station from the register of entrepreneurs operating a vehicle inspection station, in the form of electronic documents within the meaning of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
6.
The register of entrepreneurs operating a vehicle inspection station shall include the entrepreneur's data referred to in paragraph 3, with the exception of the address of residence, if it is different from the registered office address.
7.
The staroste may consent to the placing of assigned vehicle identification features by a vehicle inspection station.
Article 83aa. Certificate of entry in the register of entrepreneurs running a vehicle inspection station
The relevant staroste issues ex officio a certificate of entry in the register of entrepreneurs running a vehicle inspection station.
Art. 83ab. Rectification of an entry in the register
1.
The relevant staroste shall ex officio correct any entry in the register containing obvious errors or inconsistencies with the factual situation.
2.
In the event of a change in the data entered in the register, the entrepreneur is obliged to submit an application to change the entry in the register within 14 days from the date on which the change in the data occurred.
Art. 83ac. Deadline for making an entry in the register of entrepreneurs running a vehicle inspection station
1.
The competent staroste is obliged to enter the entrepreneur into the register of entrepreneurs operating a vehicle inspection station within 7 days from the date of receipt of the application for entry together with the declaration referred to in Article 83a, paragraph 4 of the register of entrepreneurs operating vehicle inspection stations .
2.
If the relevant district head fails to make the entry within the deadline referred to in paragraph 1, and 14 days have passed since the application was received, the entrepreneur may commence business operations. This does not apply if the district head has requested the entrepreneur to supplement the entry application no later than 7 days after its receipt. In such a situation, the deadline referred to in the first sentence shall run from the date the supplemented entry application is received.
Art. 83b. Supervision of vehicle inspection stations
1.
The starosta supervises vehicle inspection stations.
2.
As part of the supervision exercised, the starosta:
1)
at least once a year, carries out an inspection of the vehicle inspection station in terms of:
a) the station’s compliance with the requirements referred to in Article 83 paragraph 3,
b) the correctness of performing vehicle technical inspections,
c) the correctness of maintaining the required documentation;
2)
issues post-inspection recommendations and sets a deadline for removing violations of the conditions for conducting business activities related to the operation of vehicle inspection stations;
3)
issues a decision prohibiting an entrepreneur from operating a vehicle inspection station, removing the entrepreneur from the register of regulated activities, if the entrepreneur:
a) submitted the declaration referred to in Article 83a , paragraph 4, of the Register of Entrepreneurs Operating Vehicle Inspection Stations , which is inconsistent with the factual circumstances,
b) failed to eliminate the violations of the conditions for conducting business activity in the scope of operating a vehicle inspection station within the time limit set by the staroste,
c) grossly violated the conditions for conducting business activity in the scope of operating a vehicle inspection station.
2a.
The decision referred to in paragraph 2 point 3 is subject to immediate execution.
2b.
In the event of issuing the decision referred to in paragraph 2 point 3, if the entrepreneur conducts business activities covered by the entry also on the basis of entries in other registers of regulated activities in the same scope of business activities, the entrepreneur is also deleted ex officio from these registers of regulated activities.
3.
The staroste may, by agreement, entrust inspection activities to the Director of Transport Technical Supervision.
4.
(repealed)
Art. 83ba. Re-entry into the register of entrepreneurs operating a vehicle inspection station
1.
An entrepreneur who has been removed from the register of entrepreneurs running a vehicle inspection station may be re-entered into the register in the same scope of business activity no earlier than after 3 years from the date of issuing the decision referred to in Article 83b , paragraph 2, point 3.
2.
The provisions of paragraph 1 shall apply accordingly to entrepreneurs who have conducted business activities without being entered in the register. This does not apply to the situation specified in Article 83ac paragraph 2.
Art. 83bb. Deletion from the register of entrepreneurs running a vehicle inspection station
The competent staroste deletes an entrepreneur from the register of entrepreneurs operating a vehicle inspection station at his request, and also after obtaining information from the Central Register and Information on Business Activity or the National Court Register about the deletion of the entrepreneur.
Art. 83c. Control of the entrepreneur's business activity
The provisions of Chapter 5 of the Act of 6 March 2018 – Entrepreneurs’ Law – apply to the control of the entrepreneur’s business activity.
Art. 84. Authorization to perform technical inspections of vehicles
1.
The technical inspection of vehicles is performed by an authorized diagnostician employed at a vehicle inspection station.
2.
The staroste issues a permit to perform technical inspections if the person applying for it has the required technical education and experience, has completed the required training and passed the qualifying examination.
2a.
The examination referred to in paragraph 2 is conducted, for a fee, by a commission appointed by the Director of Transport Technical Supervision.
2b.
The required technical education and experience referred to in paragraph 2 shall be understood as:
1)
higher education in the field of technical sciences with a specialization in automotive engineering and documented 6 months of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station, or
2)
secondary technical education or secondary vocational education, with a specialization in automotive engineering and a documented year of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station, or
3)
higher education in the field of technical sciences with a specialization other than automotive and documented one year of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station, or
4)
secondary technical education or secondary vocational education, with a specialization other than automotive and documented 2 years of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station.
2c.
A person applying for a licence to perform technical inspections who has completed higher education in a field of study in the field of technical sciences including knowledge and skills in the field of automotive diagnostics is exempt from the obligation to complete the training referred to in paragraph 2.
2d.
The exemption referred to in paragraph 2c is granted on the basis of documents attached to the application confirming completion of higher education.
2e.
The period of internship referred to in paragraph 2b points 1 and 3 includes the internship covered by the study program, provided that the internship is carried out on the basis of an agreement concluded between the university and a vehicle inspection station or an entity referred to in Article 86 paragraph 1.
3.
The staroste shall withdraw the diagnostician’s authorisation to perform technical inspections if, as a result of the inspection
referred to in Article 83b, paragraph 2, point 1, the following has been found:
1)
the diagnostician carrying out a technical examination contrary to the specified scope and method of execution;
2)
the diagnostician issuing a certificate or making an entry in the vehicle's registration certificate that is inconsistent with the actual state of affairs or regulations.
4.
If a diagnostician's authorisation to perform technical inspections is withdrawn, a new authorisation cannot be issued earlier than 5 years from the date on which the decision on withdrawal became final.
Article 84a. Regulation on vehicle inspection stations
1.
The minister responsible for transport shall determine, by regulation:
1)
detailed requirements for vehicle inspection stations carrying out technical inspections within a specific scope;
1a)
a template of the application for entry into the register of entrepreneurs running a vehicle inspection station and a template of the certificate confirming the entrepreneur’s entry into this register;
2)
the diagnostician training program, the method of conducting the qualifying examination referred to in Article 84, paragraph 2, and the fee for the examination, as well as templates of documents related to obtaining the authorization to perform technical inspections;
3)
the amount of fees for:
a) issuing the certificate referred to in Article 83, paragraph 3, point 5 , place of technical inspection of the vehicle and financing of the costs of the inspection ,
b) conducting technical inspections.
2.
When issuing the regulation referred to in paragraph 1, the minister responsible for transport will take into account, in particular, the technical conditions of the vehicles subject to testing, the need to ensure appropriate qualifications of diagnosticians performing the test and the costs of performing the tests.
Art. 84b. Regulation on the conditions and requirements for conducting technical inspections of vehicles
1.
The minister responsible for transport shall determine, by regulation:
1)
minimum requirements for infrastructure other than the inspection stand at the vehicle inspection station;
2)
control and measurement equipment used to carry out technical inspections of vehicles in infrastructure other than the inspection stand at a vehicle inspection station;
3)
template of the application for carrying out a technical inspection of a vehicle in an infrastructure other than a test stand at a vehicle inspection station.
2.
When issuing the regulation referred to in paragraph 1, the minister responsible for transport shall take into account:
1)
conditions and requirements guaranteeing the performance of technical inspections of vehicles referred to in Article 81 , paragraph 12b, in accordance with the scope and method of conducting these inspections;
2)
technical conditions of vehicles subject to technical inspection in infrastructure other than the inspection stand at a vehicle inspection station;
3)
the need to standardize the application and the need to increase the availability of technical inspections of vehicles in infrastructure other than a control stand at a vehicle inspection station.
Art. 85. Technical inspections of trams and trolleybuses
1.
Trams and trolleybuses are subject to separate technical inspections.
2.
The minister responsible for transport shall determine, by way of a regulation, the scope, conditions, deadlines and method of conducting technical inspections of trams and trolleybuses and the entities performing these inspections, taking into account in particular:
1)
technical conditions of vehicles subject to testing;
2)
the process of wearing out basic parts and equipment of these vehicles that have a direct impact on traffic safety;
3)
appropriate equipment for units performing these tests.
Art. 86. Technical inspections of vehicles of certain services
1.
To vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the State Protection Service, the Border Guard and the National Revenue Administration used by the Customs and Tax Administration, to which the conditions and procedure for registration specified in art. 73 vehicle registration par. 3 and in art. 76 of the Regulation on the conditions and procedure for registration of vehicles and the distribution of blank forms par. 4 pt. 1 apply, and vehicles belonging to foreign armed forces staying on the territory of the Republic of Poland on the basis of international agreements referred to in art. 73 vehicle registration par. 2b, as well as to vehicles of the State Fire Service, the provisions of art. 83 place of technical inspection of a vehicle and financing of the costs of the inspection par. 1 shall apply, excluding the requirement to have a permit from the staroste referred to in art. 83 place of technical inspection of a vehicle and financing of the costs of the inspection par. 1 point 1 letter b.
2.
Technical inspections of service vehicles referred to in paragraph 1 are carried out:
1)
by authorized organizational units or vehicle inspection stations run by the services referred to in paragraph 1, excluding foreign armed forces present on the territory of the Republic of Poland;
2)
in vehicle inspection stations conducting activities referred to in Article 83, paragraph 2, place of technical inspection of the vehicle and financing of the costs of the inspection.
3.
Organisational units or inspection stations authorised to carry out technical inspections, referred to in paragraph 2 point 1, shall have the powers of vehicle inspection stations only in relation to vehicles of the services referred to in paragraph 1.
4.
The minister responsible for internal affairs, the minister responsible for public finances and the Minister of National Defence, in consultation with the minister responsible for transport and after consulting the Head of the Internal Security Agency, the Head of the Intelligence Agency, the Commander of the State Protection Service and the Head of the Central Anticorruption Bureau, as well as the Head of the Military Counterintelligence Service and the Head of the Military Intelligence Service, taking into account the specificity resulting from the purpose of the vehicles of the services referred to in paragraph 1, shall determine, by way of a regulation:
1)
organisational units supervising organisational units and vehicle inspection stations carrying out technical inspections of vehicles and issuing authorisations to carry out technical inspections, templates of documents related to obtaining authorisations to carry out inspections and templates of authorisations to carry them out;
2)
requirements for organisational units and vehicle inspection stations authorised to carry out technical inspections of vehicles;
3)
templates of documents used for technical inspections of vehicles;
4)
conditions and deadlines for conducting technical inspections of vehicles;
5)
circumstances permitting the carrying out of technical inspections of vehicles at vehicle inspection stations conducting the activities referred to in Article 83, paragraph 2, which are not authorized to carry out technical inspections of service vehicles;
6)
principles and conditions of cooperation in the performance of technical inspections of vehicles by a service other than the one appropriate for the organizational unit conducting the inspection.
Article 86a. Repealed
Art. 87. Repealed
Art. 88. Repealed
Art. 89. Repealed
Art. 90. Repealed
Art. 91. Repealed
Art. 92. Repealed
Art. 93. Repealed
Art. 94. Repealed
Art. 95. Repealed
Article 95a. Repealed
Art. 96. Repealed
Art. 97. Repealed
Article 97a. Repealed
Article 97b. Repealed
Art. 98. Repealed
Article 98a. Repealed
Art. 99. Repealed
Article 99a. Repealed
Art. 100. Repealed
Art. 100a. Central register of drivers
1.
A central register of drivers, hereinafter referred to as the "register", is created.
2.
(repealed)
3.
(repealed)
4.
The register is maintained by the minister responsible for computerization in the IT system. For the purposes of this Act, this minister is the controller of the data and information collected in the register.
5.
The minister responsible for computerization may commission, excluding the application of public procurement regulations, tasks related to the construction, development, implementation and maintenance of an IT system supporting:
1)
central register of drivers,
2)
central register of vehicles
– the creator of public documents within the meaning of the Act of 22 November 2018 on public documents (Journal of Laws of 2024, item 564) or a budgetary economy institution for which the minister responsible for computerization serves as the founding body.
Article 100aa. Data collected in the central register of drivers
1.
The register collects data on:
1)
persons who have or have had their driving licences for motor vehicles, trams or mopeds withdrawn, hereinafter referred to as "licences";
1a)
persons who have or have had their driver qualification card invalidated;
2)
persons without a driving license who, while driving a vehicle, committed an infringement specified in the provisions issued on the basis of Article 105 of the Regulation on the awarding of points and the re-education course, paragraph 1, point 1 of the Act of 5 January 2011 on vehicle drivers;
3)
persons without a driving license who have been banned from driving;
4)
persons applying for authorisations;
4a)
persons applying for a driver qualification card;
5)
lecturers conducting the training;
6)
examiners;
7)
doctors authorized to conduct medical examinations to determine the existence or absence of health contraindications to driving, including those authorized to perform medical examinations referred to in the Act of 26 June 1974 - the Labor Code (Journal of Laws of 2023, item 1465 and of 2024, item 878);
8)
psychologists authorized to perform psychological research in the field of transport psychology;
9)
driving technique instructors;
10)
instructors conducting the training;
11)
driver training centers and other training entities;
12)
psychological laboratories performing psychological research in the field of transport psychology;
13)
driving technique improvement centers;
14)
examination centers and their local branches;
15)
training centers for professional qualification certificates.
2.
The register also collects the identifier of the person or entity entering or changing data in the register.
3.
The register also contains data collected until 3 June 2018 by the authorities competent for issuing driving licences in connection with the creation of a driver candidate profile.
3a.
The register also includes data collected until the date specified in the communication referred to in Article 13 section 2 of the Act of 9 May 2018 amending the Road Traffic Act and certain other acts (Journal of Laws, item 957, as amended), by the authorities competent for issuing documents confirming the right to drive vehicles in connection with the creation of a driver candidate profile.
4.
In relation to the persons referred to in paragraph 1 points 1-3, the following data are collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
citizenship;
5)
residential address;
6)
date of death;
7)
about rights;
8)
about the trial period and its extension;
9)
about referral to a re-education course;
10)
on documents confirming entitlements;
11)
on the application of a driving ban;
12)
on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them; 12) on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them, as well as the amounts of fines imposed by way of penalty notices; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12, in the wording above, shall enter into force on the date specified in the announcement in the Journal of Laws and on the BIP website of the office supporting the minister responsible for computerization, specifying the deadline for implementing technical solutions enabling the transfer of data specified in the Act.) 12a) on the payment of fines referred to in paragraph 12; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12a, shall enter into force on the date of implementation of the appropriate technical solutions, which shall be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office supporting the minister responsible for computerization.)
13)
driving a vehicle under the influence of alcohol, alcohol or a substance with an effect similar to alcohol;
14)
on ADR certificates referred to in the regulations on the transport of dangerous goods;
15)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport;
16)
on permits to drive emergency vehicles or vehicles carrying money or other valuable or dangerous items, referred to in the Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2021, item 1995);
17)
about the instructor, lecturer, driving instructor who conducted the training, as well as about the driver training centre and other unit, driving technique improvement centre and professional qualification certificate training centre where the training was conducted;
18)
about the examiner and the provincial road traffic center who conducted the state examination;
19)
about the psychologist who performed psychological tests in the field of transport psychology and the doctor who performed medical tests to determine the existence or absence of health contraindications to driving;
20)
on decisions confirming the existence or absence of health contraindications to driving;
20a)
on decisions confirming the existence or absence of health contraindications to working as a driver;
21)
on decisions confirming the existence or absence of psychological contraindications to driving;
22)
on decisions confirming the existence or absence of psychological contraindications to working as a driver;
23)
on issued and invalidated driver qualification cards;
24)
on referrals for medical examinations confirming the existence or absence of health contraindications to driving;
25)
referrals for psychological examinations confirming the existence or absence of psychological contraindications to driving;
26)
about the obligation to complete an appropriate re-education course and its completion, as well as the obligation to undergo medical and psychological examinations and their conduct.
5.
In relation to the persons referred to in paragraph 1 points 4 and 4a, the following data are collected:
1)
identifier of the territorial division of the country;
2)
the date of creation of the candidate driver profile or professional driver profile;
3)
a unique number identifying the profile of a candidate driver and the profile of a professional driver;
4)
name and surname;
5)
date and place of birth;
6)
date of death;
7)
photography;
8)
specimen signature;
9)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
10)
citizenship;
11)
residential address;
12)
telephone number, e-mail address – if provided in the application;
13)
about the powers held;
14)
on documents confirming entitlements;
15)
indication of the driving license category the candidate driver profile applies to;
15a)
indication whether the professional driver profile applies to:
a) driving licence category within the scope of the programme block:
– C1, C1+E, C and C+E or
– D1, D1+E, D and D+E,
b) initial qualification,
c) accelerated initial qualification,
d) supplementary initial qualification,
e) supplementary accelerated initial qualification,
f) periodic training;
16)
on decisions confirming the existence or absence of health contraindications to driving vehicles and on decisions confirming the existence or absence of psychological contraindications to driving vehicles;
16a)
on decisions confirming the existence or absence of health contraindications to work as a driver and on decisions confirming the existence or absence of psychological contraindications to work as a driver;
17)
indication whether the application concerns:
a) the issue of a driving licence or a permit to drive a tram,
b) the restoration of a withdrawn driving licence,
c) the exchange of a driving licence issued abroad not specified in the road traffic conventions,
d) the return of a suspended driving licence,
e) referral for a qualification check,
f) the issue of a driver qualification card;
18)
regarding the validity of the driving ban;
19)
regarding the validity of decisions on the withdrawal of the right to drive or the suspension of a driving license;
20)
regarding the commencement of pre-qualification training;
20a)
regarding the qualification course, periodic training and periodic training modules referred to in the Act of 6 September 2001 on road transport;
21)
regarding completed training for persons applying for driving licenses – if information about completed training appears in the driver’s documents;
22)
regarding the consents referred to in Article 11 , Conditions for issuing a driving licence and military permit , paragraph 2, and Article 21, Conditions for starting training for applicants for driving licences, paragraph 2 of the Act of 5 January 2011 on vehicle drivers – if required;
23)
about state examinations;
24)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport.
6.
With respect to the persons referred to in paragraph 1 points 5–10, the following data are collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
the registration number of the lecturer, examiner, doctor, psychologist, driving instructor or instructor, as appropriate;
5)
regarding authorizations and documents confirming them;
6)
date and reason for removal from the register;
7)
date until which no further entry in the register can be made.
7.
With respect to the entities referred to in paragraph 1 points 11–13, the following data are collected:
1)
name;
2)
registration number or registry number;
3)
REGON identification number;
4)
regarding the business activity covered by the entry;
5)
about entries and deletions.
7a.
With respect to the entity referred to in paragraph 1 point 14, the following data are collected:
1)
name;
2)
address of the registered office or local branch;
3)
REGON identification number;
4)
identification number;
5)
regarding the business activity covered by the entry.
7b.
With respect to the entities referred to in paragraph 1 point 15, the following data are collected:
1)
name;
2)
registration number or registry number;
3)
Tax Identification Number (NIP) and National Business Registry Number (REGON), if available;
4)
regarding the business activity covered by the entry;
5)
about entries and deletions.
8.
The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7–12 and 14–26, par. 5 points 13, 14, 16, 16a and 18–24, par. 6 point 5, par. 7 points 4 and 5, par. 7a point 5 and par. 7b points 4 and 5, provided by the entities referred to in art. 100ac transferring and entering data into the register of drivers par. 1, and supplemented automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected in it. 8. The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7–12a and 14–26, par. 5 points 13, 14, 16, 16a and 18–24, par. 6 point 5, par. 7 points 4 and 5, par. 7a point 5 and par. 7b points 4 and 5, provided by the entities referred to in Art. 100ac par. 1, and supplemented automatically by the IT system servicing the register , taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected therein. ( Article 100aa data collected in the central register of drivers, paragraph 8 in the wording above, comes into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
On the date specified in the announcement of the minister responsible for computerization published in the MP, specifying the date of implementation of technical solutions enabling the automatic return of a suspended driving license or a permit to drive a tram, referred to in Article 102 , repealed paragraph 2b of the Act on vehicle drivers - Article 100aa data collected in the central register of drivers will read as follows (Journal of Laws of 2023, item 1123 - Article 18 obligations of a driver approaching a bus stop ):
1.
The register collects data on:
1)
persons who have or have had their driving licences for motor vehicles, trams or mopeds withdrawn, hereinafter referred to as "licences";
1a)
persons who have or have had their driver qualification card invalidated;
2)
persons without a driving license who, while driving a vehicle, committed an infringement specified in the provisions issued on the basis of Article 105 of the Regulation on the awarding of points and the re-education course, paragraph 1, point 1 of the Act of 5 January 2011 on vehicle drivers;
3)
persons without a driving license who have been banned from driving;
4)
persons applying for authorisations;
4a)
persons applying for a driver qualification card;
5)
lecturers conducting the training;
6)
examiners;
7)
doctors authorized to conduct medical examinations to determine the existence or absence of health contraindications to driving, including those authorized to perform medical examinations referred to in the Act of 26 June 1974 - the Labor Code (Journal of Laws of 2022, items 1510, 1700 and 2140 and of 2023, items 240 and 641);
8)
psychologists authorized to perform psychological research in the field of transport psychology;
9)
driving technique instructors;
10)
instructors conducting the training;
11)
driver training centers and other training entities;
12)
psychological laboratories performing psychological research in the field of transport psychology;
13)
driving technique improvement centers;
14)
examination centers and their local branches;
15)
training centers for professional qualification certificates.
2.
The register also collects the identifier of the person or entity entering or changing data in the register.
3.
The register also contains data collected until 3 June 2018 by the authorities competent for issuing driving licences in connection with the creation of a driver candidate profile.
3a.
The register also includes data collected until the date specified in the communication referred to in Article 13 section 2 of the Act of 9 May 2018 amending the Road Traffic Law and certain other acts (Journal of Laws, item 957, of 2019, item 730, of 2020, item 1517, of 2021, items 1997 and 2328 and of 2022, item 1002), by the authorities competent for issuing documents confirming the right to drive vehicles in connection with the creation of a driver candidate profile.
4.
In relation to the persons referred to in paragraph 1 points 1-3, the following data are collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
citizenship;
5)
residential address;
6)
date of death;
7)
about rights;
8)
about the trial period and its extension;
9)
about referral to a re-education course;
10)
on documents confirming entitlements;
11)
on the application of a driving ban;
12)
on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them; 12) on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them, as well as the amounts of fines imposed by way of penalty notices; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12, in the wording above, shall enter into force on the date specified in the announcement in the Journal of Laws and on the BIP website of the office supporting the minister responsible for computerization, specifying the deadline for implementing technical solutions enabling the transfer of data specified in the Act.) 12a) on the payment of fines referred to in paragraph 12; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12a, shall enter into force on the date of implementation of the appropriate technical solutions, which shall be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office supporting the minister responsible for computerization.)
13)
driving a vehicle under the influence of alcohol, alcohol or a substance with an effect similar to alcohol;
14)
on ADR certificates referred to in the regulations on the transport of dangerous goods;
15)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport;
16)
on permits to drive emergency vehicles or vehicles carrying money or other valuable or dangerous items, referred to in the Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2021, item 1995);
17)
about the instructor, lecturer, driving instructor who conducted the training, as well as about the driver training centre and other unit, driving technique improvement centre and professional qualification certificate training centre where the training was conducted;
18)
about the examiner and the provincial road traffic center who conducted the state examination;
19)
about the psychologist who performed psychological tests in the field of transport psychology and the doctor who performed medical tests to determine the existence or absence of health contraindications to driving;
20)
on decisions confirming the existence or absence of health contraindications to driving;
20a)
on decisions confirming the existence or absence of health contraindications to working as a driver;
21)
on decisions confirming the existence or absence of psychological contraindications to driving;
22)
on decisions confirming the existence or absence of psychological contraindications to working as a driver;
23)
on issued and invalidated driver qualification cards;
24)
on referrals for medical examinations confirming the existence or absence of health contraindications to driving;
25)
referrals for psychological examinations confirming the existence or absence of psychological contraindications to driving;
26)
about the obligation to complete an appropriate re-education course and its completion, as well as the obligation to undergo medical and psychological examinations and their conduct.
5.
In relation to the persons referred to in paragraph 1 points 4 and 4a, the following data are collected:
1)
identifier of the territorial division of the country;
2)
the date of creation of the candidate driver profile or professional driver profile;
3)
a unique number identifying the profile of a candidate driver and the profile of a professional driver;
4)
name and surname;
5)
date and place of birth;
6)
date of death;
7)
photography;
8)
specimen signature;
9)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
10)
citizenship;
11)
residential address;
12)
telephone number, e-mail address – if provided in the application;
13)
about the powers held;
14)
on documents confirming entitlements;
15)
indication of the driving license category the candidate driver profile applies to;
15a)
indication whether the professional driver profile applies to:
a) driving licence category within the scope of the programme block:
– C1, C1+E, C and C+E or
– D1, D1+E, D and D+E,
b) initial qualification,
c) accelerated initial qualification,
d) supplementary initial qualification,
e) supplementary accelerated initial qualification,
f) periodic training;
16)
on decisions confirming the existence or absence of health contraindications to driving vehicles and on decisions confirming the existence or absence of psychological contraindications to driving vehicles;
16a)
on decisions confirming the existence or absence of health contraindications to work as a driver and on decisions confirming the existence or absence of psychological contraindications to work as a driver;
17)
indication whether the application concerns:
a) the issue of a driving licence or a permit to drive a tram,
b) the restoration of a withdrawn driving licence,
c) the exchange of a driving licence issued abroad not specified in the road traffic conventions,
d) the return of a suspended driving licence,
e) referral for a qualification check,
f) the issue of a driver qualification card;
18)
regarding the validity of the driving ban;
19)
regarding the validity of decisions on the withdrawal of the right to drive or the suspension of a driving license;
20)
regarding the commencement of pre-qualification training;
20a)
regarding the qualification course, periodic training and periodic training modules referred to in the Act of 6 September 2001 on road transport;
21)
regarding completed training for persons applying for driving licenses – if information about completed training appears in the driver’s documents;
22)
regarding the consents referred to in Article 11 , Conditions for issuing a driving licence and military permit , paragraph 2, and Article 21, Conditions for starting training for applicants for driving licences, paragraph 2 of the Act of 5 January 2011 on vehicle drivers – if required;
23)
about state examinations;
24)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport.
6.
In relation to the persons referred to in paragraph 1 point 5, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
the specific types of qualifications resulting from the scope of the exam passed by the lecturer, within which he or she can conduct training, and the dates on which they were obtained;
7)
the registration number of the driver training centre or the registration number of another entity where training is conducted;
8)
date of issue of the certificate of entry in the register;
9)
about entries and deletions.
6a.
In relation to the persons referred to in paragraph 1 point 6, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the identity document and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
about the qualifications to conduct examinations and the documents confirming them;
7)
name and address of the provincial road traffic centre where he is employed;
8)
about entries and deletions.
6b.
In relation to the persons referred to in paragraph 1 point 7, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
professional license number;
7)
address of the organizational unit where the research is carried out;
8)
on having the right to perform medical examinations referred to in the Act of 26 June 1974 - the Labor Code;
9)
on the power to adjudicate;
10)
about entries and deletions.
6c.
In relation to the persons referred to in paragraph 1 point 8, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
designation of the psychological laboratory where the tests are performed;
7)
date of issue of the certificate of entry in the register;
8)
on the power to adjudicate;
9)
about entries and deletions.
6d.
In relation to the persons referred to in paragraph 1 point 9, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
validity dates of medical and psychological examinations;
7)
about training entitlements and documents confirming them;
8)
designation of the driving technique improvement center where the training is conducted;
9)
date of issue of the certificate of entry in the register;
10)
about entries and deletions.
6e.
In relation to the persons referred to in paragraph 1 point 10, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
about training entitlements and documents confirming them;
7)
the registration number of the driver training centre or the registration number of another entity where the training is conducted;
8)
about entries and deletions.
7.
With respect to the entities referred to in paragraph 1 point 11, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
registration number of the entity providing the training;
6)
the specific types of authorizations in which the entity may provide training, and the dates on which they were obtained;
7)
addresses of office spaces, lecture halls and maneuvering areas along with dates specifying the period for which the entity has legal title to these facilities;
8)
names, surnames and registration numbers of instructors and lecturers conducting training for the entity;
9)
on entries and deletions.
7 1. With respect to entities referred to in paragraph 1 point 12, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
name and address of the psychological laboratory;
6)
name and surname of the psychologist authorized to perform psychological tests in the field of transport psychology, along with his/her registration number;
7)
the entrepreneur's registration number in the register of entrepreneurs running a psychological workshop;
8)
registration number of the psychological laboratory;
9)
on entries and deletions.
7 2. With respect to entities referred to in paragraph 1 point 13, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
address of the driving technique improvement center;
6)
the scope of the training
provided, referred to in Article 112, paragraph 1, point 1 or 2 of the Act of 5 January 2011 on vehicle drivers;
7)
names and surnames of driving instructors and their registration numbers;
8)
registration number;
9)
about entries and deletions.
7a.
With respect to the entity referred to in paragraph 1 point 14, the following data are collected:
1)
name;
2)
address of the registered office or local branch;
3)
REGON identification number;
4)
identification number;
5)
regarding the business activity covered by the entry.
7b.
With respect to the entities referred to in paragraph 1 point 15, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
indication of the location of the training center;
6)
registration number;
7)
about entries and deletions.
8.
The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7-12 and 14-26, par. 5 points 13, 14, 16, 16a and 18-24, par. 7 point 9, par. 7 1 point 9, par. 7 2 point 9, par. 7a point 5 and par. 7b point 7, provided by the entities referred to in art. 100ac transferring and entering data into the register of drivers par. 1, and supplemented automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected in it. 8. The minister responsible for computerization shall determine, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7–12a and 14–26, par. 5 points 13, 14, 16, 16a and 18–24, par. 6 point 5, par. 7 points 4 and 5, par. 7a point 5 and par. 7b points 4 and 5, provided by entities referred to in art. 100ac transferring and entering data into the register of drivers par. 1, and completed automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected therein. ( Article 100aa data collected in the central register of drivers, paragraph 8 in the wording above, comes into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
Art. 100ab. Data deleted from the driver register
1.
Data collected in the register shall not be deleted, with the exception of the data referred to in:
1)
Art. 100aa data collected in the Central Register of Drivers , paragraph 4 point 11 and paragraph 5 point 18, which are subject to removal from the register:
a) if data on a driving ban are subject to removal from the National Criminal Register,
b) after 5 years from the date on which the ruling on the application of a driving ban becomes final, if data on this ban are not subject to collection in the National Criminal Register;
2)
art. 100aa data collected in the central register of drivers, sec. 4, points 12-13, which are subject to removal from the register under the principles specified in art. 98 points for violating road traffic regulations, sec. 5 and 6 of the Act of 5 January 2011 on vehicle drivers.
1a.
In the case referred to in paragraph 1 point 1 letter b, the data referred to in Article 100aa data collected in the central register of drivers paragraph 4 point 11 and paragraph 5 point 18 shall be deleted automatically.
2.
(repealed)
Art. 100ac. Transferring and entering data into the driver register
1.
The data referred to in Article 100aa, paragraphs 2–7b, collected in the central register of drivers , shall be transferred to the register by:
1)
the authority competent for issuing documents confirming the right to drive vehicles in the scope of data referred to in Article 100aa data collected in the central register of drivers paragraph 4 points 1-5, points 7-10 and points 23-26 and paragraph 5 points 1-5, points 7-15a, points 17, 19, 21 and 22;
2)
the court, immediately after the judgment becomes final – in the scope of data referred to in Article 100aa , data collected in the central register of drivers , paragraph 4, points 11 and 13 and paragraph 5, point 18;
3)
in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to in art. 100aa, data collected in the central register of drivers, par. 4, point 12; 3) in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to in art. 100aa, data collected in the central register of drivers , par. 4, points 12 and 12a; ( art. 100ac , transferring and entering data into the register of drivers, par. 3 in the wording above, enters into force on the date of implementation of the appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.) 3a) the competent head of the tax office and the Chief Inspector of Road Transport – within the scope of the data referred to in art. 100aa data collected in the central register of drivers , paragraph 4, point 12a; ( Art. 100ac transferring and entering data into the register of drivers, paragraph 3a, enters into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
4)
in accordance with their competences: road traffic control authorities, prosecutor or court – in the scope of data referred to in Article 100aa data collected in the central register of drivers, paragraph 4, point 10;
5)
the voivodeship marshal or the Head of the Inspectorate for Armed Forces Support – in the scope of data referred to
in Article 100aa , data collected in the central register of drivers, paragraph 4, point 14;
6)
the voivode and the director of the district examination board – in the scope of data referred to in Article 100aa data collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, point 24;
7)
the head of the training centre for obtaining professional qualifications, referred to in Art. 39e of the professional qualification certificate after periodic training of the Act of 6 September 2001 on road transport – in the scope of data referred to in Art. 100aa data collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, points 20, 20a and 24;
8)
starosta – in the scope of data referred to in:
a) Art. 100aadata collected in the Central Register of Drivers par. 4 points 16–19 and 21 and par. 6 in relation to persons referred to in Art. 100aadata collected in the Central Register of Drivers par. 1 points 5 and 10,
b) Art. 100aadata collected in the Central Register of Drivers par. 7 in relation to entities referred to in Art. 100aadata collected in the Central Register of Drivers par. 1 point 11;
9)
Voivode – in the scope of data referred to in:
a) Art. 100aadata collected in the Central Register of Drivers, paragraph 4, point 17, in the scope of data on driving instructors and driving improvement centers, and in paragraph 6 in relation to persons referred to in Art. 100aadata collected in the Central Register of Drivers, paragraph 1, point 9,
b) Art. 100aadata collected in the Central Register of Drivers, paragraph 7 in relation to entities referred to in Art. 100aadata collected in the Central Register of Drivers paragraph 1 point 13,
c) Art. 100aadata collected in the Central Register of Drivers paragraph 7b in relation to entities referred to in Art. 100aadata collected in the Central Register of Drivers paragraph 1 point 15;
10)
Voivodeship Marshal – in relation to the data referred to in:
a) Art. 100aadata collected in the Central Register of Drivers par. 6 in relation to persons referred to in Art. 100aadata collected in the Central Register of Drivers par. 1 points 6-8,
b) Art. 100aadata collected in the Central Register of Drivers par. 7 in relation to entities referred to in Art. 100aadata collected in the Central Register of Drivers par. 1 point 12,
c) Art. 100aadata collected in the Central Register of Drivers par. 7a in relation to entities referred to in Art. 100aadata collected in the Central Register of Drivers, paragraph 1, point 14;
11)
Information Office of the National Criminal Register – regarding the deletion of data on driving bans referred to in Art. 100aadata collected in the Central Register of Drivers, paragraph 4, point 11 and paragraph 5, point 18, from the National Criminal Register;
12)
head of the driver training center – in the scope of data referred to inArticle 100aa ,data collected in the central register of drivers, paragraph 5, point 21;
13)
the director of the provincial road traffic center – in the scope of data referred to in:
a) Article 100aa data collected in the Central Register of Drivers , paragraph 4 point 15 – in relation to persons referred to in Article 100aa data collected in the Central Register of Drivers , paragraph 1 points 1–3,
b) Article 100aadata collected in the Central Register of Drivers , paragraph 5 points 23 and 24 – in relation to persons referred to in Article 100aadata collected in the Central Register of Drivers , paragraph 1 points 4 and 4a;
14)
an authorized physician referred to inArt. 100aadata collected in the Central Register of Drivers par. 1 point 7 – in the scope of data referred to in:
a)Art. 100aadata collected in the Central Register of Drivers par. 4 points 20 and 20a – in relation to persons referred to inArt. 100aadata collected in the Central Register of Drivers par. 1 points 1–3,
b)Art. 100aadata collected in the Central Register of Drivers par. 5 points 16 and 16a with regard to medical certificates – in relation to persons referred to inArt. 100aadata collected in the Central Register of Drivers par. 1 points 4 and 4a;
15)
an authorized psychologist referred to inArt. 100aadata collected in the Central Register of Drivers par. 1 point 8 – in the scope of data referred to in:
a)Art. 100aadata collected in the Central Register of Drivers par. 4 points 21 and 22 – in relation to persons referred to inArt. 100aadata collected in the Central Register of Drivers par. 1 points 1–3,
b)Art. 100aadata collected in the Central Register of Drivers par. 5 points 16 and 16a with regard to psychological decisions – in relation to persons referred to inArt. 100aadata collected in the Central Register of Drivers par. 1 points 4 and 4a.
2.
The data referred to inArticle 100aa ,data collected in the central register of drivers, paragraph 2 and paragraph 7a, point 4, are supplemented automatically by the IT system handling the register.
2a.
The data referred to inArt. 100aadata collected in the Central Register of Drivers par. 4 points 7–12 and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 5, par. 7 points 4 and 5 and par. 7a point 5, may additionally contain data supplemented automatically by the IT system servicing the records. 2a. The data referred to inArt. 100aadata collected in the Central Register of Drivers par. 4 points 7–12 and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 5, par. 7 points 4 and 5 and par. 7a point 5, may additionally contain data supplemented automatically by the IT system servicing the records. ( Article 100ac , transfer and entry of data into the register of drivers, paragraph 1b, in the wording above, comes into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
3.
The entities listed in paragraph 1 enter data into the register when performing an activity that requires the data to be transferred into the register, using the IT system that supports the register or using IT systems that support the tasks performed by these entities.
4.
The data collected in the register are transferred to it from the PESEL, REGON, TERYT registers, the central vehicle register and the central register of parking card holders, provided they are collected in these registers.
5.
The minister responsible for computerization may specify, by regulation, the procedure and deadlines for transferring data between the register and the PESEL, REGON and TERYT registers, the central register of vehicles and the central register of parking card holders, taking into account the need to ensure smooth data flow between the register and other registers and records, the correctness and timeliness of collected data, and the need to ensure personal data protection.
[By the deadline specified in the announcement of the minister responsible for computerization published in the MP, specifying the date of implementation of technical solutions enabling the automatic return of a suspended driving license or tram driving permit referred to inart. 102,repealed paragraph 2b of the Act on vehicle drivers –art. 100ac, the transfer and entry of data into the register of drivers will read as follows (Journal of Laws of 2023, item 1123 - art. 18obligations of a driver approaching a bus stop ):
1.
The data referred to inArticle 100aa, paragraphs 2–7b, collected in the central register of drivers , shall be transferred to the register by:
1)
the competent authority for issuing documents confirming the right to drive vehicles in the scope of data referred to inArticle 100aadata collected in the central register of drivers paragraph 4 points 1-5, points 7-10 and points 23-26 and paragraph 5 points 1-5, points 7-15a, points 17, 19, 21 and 22;
2)
the court, immediately after the judgment becomes final – in the scope of data referred to inArticle 100aa , data collected in the central register of drivers , paragraph 4, points 11 and 13 and paragraph 5, point 18;
3)
in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to inart. 100aa,data collected in the central register of drivers, par. 4, point 12; 3) in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to inart. 100aa,data collected in the central register of drivers, par. 4, points 12 and 12a; ( art. 100ac , transferring and entering data into the register of drivers, par. 3 in the wording above, enters into force on the date of implementation of the appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.) 3a) the competent head of the tax office and the Chief Inspector of Road Transport – within the scope of the data referred to inart. 100aadata collected in the central register of drivers, paragraph 4, point 12a; ( Art. 100ac transferring and entering data into the register of drivers, paragraph 3a, enters into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
4)
in accordance with their competences: road traffic control authorities, prosecutor or court – in the scope of data referred to in Article 100aadata collected in the central register of drivers, paragraph 4, point 10;
5)
the voivodeship marshal or the Head of the Inspectorate for Armed Forces Support – in the scope of data referred to
in Article 100aa , data collected in the central register of drivers, paragraph 4, point 14;
6)
the voivode and the director of the district examination board – in the scope of data referred to inArticle 100aadata collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, point 24;
7)
the head of the training center for obtaining professional qualifications, referred to inArt. 39eof the professional qualification certificate after periodic trainingof the Act of 6 September 2001 on road transport – in the scope of data referred to inArt. 100aadata collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, points 20, 20a and 24;
8)
starosta – in the scope of data referred to in:
a)Art. 100aadata collected in the Central Register of Drivers , paragraph 4, points 16–19 and 21 and paragraphs 6 and 6e,
b)Art. 100aadata collected in the Central Register of Drivers, paragraph 7;
9)
voivode – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers, par. 4, point 17, in the scope of data on the driving instructor and the driving improvement centre, and in par. 6d,
b) Art. 100aa data collected in the Central Register of Drivers , par. 7 2 and par. 7b;
10)
voivodeship marshal – in the scope of data referred to in:
a) Art. 100aa data collected in the central register of drivers , sec. 6a-6c,
b) Art. 100aa data collected in the central register of drivers , sec. 7 1 and sec. 7a;
11)
Information Office of the National Criminal Register – in the scope of deleting data on driving bans referred to in Article 100aa data collected in the central register of drivers, paragraph 4, point 11 and paragraph 5, point 18, from the National Criminal Register;
12)
head of the driver training centre – in the scope of data referred to in Article 100aa , data collected in the central register of drivers, paragraph 5, point 21;
13)
Director of the Voivodeship Road Traffic Center – in the scope of data referred to in:
a) Art. 100aaData collected in the Central Register of Drivers, paragraph 4, point 15 – in relation to persons referred to in Art. 100aaData collected in the Central Register of Drivers, paragraph 1, points 1–3,
b) Art. 100aaData collected in the Central Register of Drivers, paragraph 5, points 23 and 24 – in relation to persons referred to in Art. 100aaData collected in the Central Register of Drivers, paragraph 5, points 23 and 24 1 points 4 and 4a;
14)
an authorized physician referred to in Art. 100aadata collected in the Central Register of Drivers, paragraph 1 point 7 – in the scope of the data referred to in:
a) Art. 100aadata collected in the Central Register of Drivers, paragraph 4 points 20 and 20a – in relation to the persons referred to in Art. 100aadata collected in the Central Register of Drivers, paragraph 1 points 1–3,
b) Art. 100aadata collected in the Central Register of Drivers sec. 5, points 16 and 16a, regarding medical certificates – in relation to persons referred to in Art. 100aadata collected in the Central Register of Drivers sec. 1, points 4 and 4a;
15)
an authorized psychologist referred to in Art. 100aadata collected in the Central Register of Drivers sec. 1, point 8 – in relation to data referred to in:
a) Art. 100aadata collected in the Central Register of Drivers sec. 4 points 21 and 22 – in relation to persons referred to in Art. 100aadata collected in the Central Register of Drivers sec. 1 points 1-3,
b) Art. 100aadata collected in the Central Register of Drivers sec. 5 points 16 and 16a regarding psychological decisions – in relation to persons referred to in Art. 100aadata collected in the Central Register of Drivers sec. 1 points 4 and 4a.
2.
The data referred to in Art. 100aadata collected in the Central Register of Drivers, paragraph 2, and paragraph 7a point 4, are completed automatically by the IT system managing the register.
2a.
The data referred to in Art. 100aadata collected in the central register of drivers par. 4 points 7–12a and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 9, par. 6a points 6 and 8, par. 6b points 9 and 10, par. 6c points 8 and 9, par. 6d points 7 and 10, par. 6e points 6 and 8, par. 7 point 8, par. 71 point 9, par. 72 point 9, par. 7a point 5 and par. 7b point 7, may additionally contain data completed automatically by the IT system handling the register. 2a. The data referred to in Art. 100aadata collected in the central register of drivers sec. 4 points 7–12 and 14–22, sec. 5 points 13, 14, 16 and 18–24, sec. 6 point 5, sec. 7 points 4 and 5 and sec. 7a item 5, may additionally contain data automatically completed by the IT system handling the register. (Art. 100acTransferring and entering data into the driver register section 1b in the wording above shall enter into force on the date of implementation of the appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
3.
The entities listed in paragraph 1 enter data into the register when performing an activity that requires the data to be transferred to the register, using the IT system supporting the register or using IT systems supporting the tasks performed by these entities.
3a.
The entities referred to in paragraph 1, points 14 and 15, enter data into the register via the Electronic Platform for the Collection, Analysis and Sharing of Digital Resources on Medical Events, referred to in Art. 7Electronic Platform for Collection, Analysis, and Sharing of Digital Resources on Medical Events of the Act of 28 April 2011 on the Healthcare Information System (Journal of Laws of 2022, items 1555, 2280, and 2705, and of 2023, item 650).
4.
Data collected in the register are transferred to it from the PESEL, REGON, TERYT registers, the central vehicle register, and the central register of parking card holders, provided they are collected in these registers.
5.
The Minister responsible for computerization may determine, by regulation, the procedure and deadlines for transferring data between the Register and the PESEL, REGON, and TERYT registers, the Central Vehicle Register, and the Central Register of Parking Card Holders, taking into account the need to ensure smooth data flow between the Register and other registers and records, the accuracy and timeliness of the collected data, and the need to ensure personal data protection.
Art. 100ad. Access to data collected in the driver register
1.
In order to enable the entry of data into the register, the entities listed in Article 100acTransferring and entering data into the driver register paragraph 1 shall be provided with access to the data collected in the register.
2.
Data is entered into the register by downloading the data collected in the register, verifying it, particularly based on available documents or data, and entering new data into the register. In the event of discrepancies between the data and the data contained in the PESEL or REGON registers, the data collected in these registers shall prevail.
2a.
If data concerning a new entity is entered into the register, this data is retrieved from the PESEL and REGON registers, the Central Vehicle Register, and the Central Register of Parking Card Holders, if collected there.
3.
The IT system managing the records generates a message about:
1)
entering data into the records – if new data is entered into the records correctly, which is equivalent to fulfilling the obligation to enter data into the records;
2)
failure to enter data into the register – if new data has not been entered into the register and it is necessary to re-enter it in order to fulfill the obligation to enter data into the register.
4.
The Minister responsible for computerization shall specify, by regulation:
1)
the scope of data to which entities listed in Article 100actransferring and entering data into the driver register paragraph 1 are provided, taking into account the proper performance by individual entities of the tasks arising from this Act;
2)
the technical and quality requirements for data entered into the register, as well as the procedure and method of entering such data, taking into account ensuring the high quality of the data transferred to the register and its reference nature.
Article 100ae. Extension of the deadline for entering data into the driver register
If it is impossible to enter data into the register due to reasons beyond the entity's control, the data shall be entered immediately, no later than 3 business days from the date on which the obligation to enter the data arose.
Article 100af. Removing inconsistencies in the driver register
1.
The entity that finds an inconsistency in the data collected in the register shall clarify this inconsistency within the scope of the data it is obligated to provide under the Act and shall enter the data into the register pursuant to the principles specified in Article 100adAccess to data collected in the driver register.
2.
If the inconsistency cannot be clarified, the entity referred to in paragraph 1, shall immediately notify the controller of the data and information collected in the records of any inconsistency, using the IT system supporting the records or the IT system supporting the tasks performed by that entity.
3.
To clarify the inconsistency, the controller of the data and information collected in the records shall immediately notify the entity that entered the data to which the inconsistency pertains, using the IT system supporting the records, of the inconsistency, in the event of:
1)
the controller finds an inconsistency in the data and information collected in the records;
2)
referred to in section 2.
4.
The entity referred to in paragraphs 1 and 3 shall explain this discrepancy, in particular based on documents or data in its possession.
5.
The entity referred to in paragraph 1 and 3, shall immediately inform the controller of the data and information collected in the records, via the IT system managing the records or via the IT system managing the tasks performed by that entity, about the clarification of this inconsistency in the event of:
1)
entering the correct data into the records via the IT system managing the records or via the IT system managing the tasks performed by the entity entering the data;
2)
determining that the data entered into the records is correct;
3)
determining that the inconsistency cannot be removed, providing a justification.
6.
Entering data into the register for which an inconsistency has been identified, as referred to in paragraph 2, requires prior clarification of the inconsistency.
7.
The controller of data and information collected in the register will allow data to be entered into the register without prior clarification of inconsistencies if this is necessary to perform tasks arising from separate provisions carried out by entities obligated to enter data into the register within the deadlines specified in statutory provisions.
8.
The Minister responsible for computerization shall establish, by regulation, the method and procedure for resolving discrepancies in data collected in the Central Register of Drivers by entities providing it, taking into account the need to ensure the completeness and accuracy of data in the register, the timely handling of administrative processes related to the register, and its security.
9.
The provisions of paragraphs 1-8 shall not apply to the removal of data concerning driving bans from the register.
Art. 100ag. Repealed
Art. 100ah. Entities authorized to access data in the driver register
1.
Data collected in the register is made available, to the extent necessary for the performance of their statutory duties, to the following entities:
1)
Police;
2)
Road Transport Inspectorate;
3)
Military Police;
4)
Head of the Inspectorate for Armed Forces Support;
5)
Border Guard;
6)
Internal Security Agency and Intelligence Agency;
7)
Central Anticorruption Bureau;
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8)
div>
Military Counterintelligence Service and Military Intelligence Service;
div>
9)
div>
Commander of the State Protection Service;
div>
9a)
div>
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Internal Inspectorate of the Prison Service;
10)
courts;
11)
prosecutor's office;
12)
district governor;
13)
to municipal (city) guards;
13a)
to the Environmental Protection Inspectorate;
14)
To the Head of the National Criminal Information Center;
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to the card issuing entity referred to in the Act of 29 July 2005 on the Digital Tachograph System (Journal of Laws of 2017, item 891 and of 2018, items 650 and 1480);
18)
to the Minister responsible for transport, in order to enable authorities and services authorized to use the TACHOnet system to exchange data with authorities and authorized services in other countries where the digital tachograph system operates;
19)
to the voivodeship marshal;
20)
to the voivodeship road traffic center;
21)
to insurance companies:
a) to the extent necessary to exercise the powers referred to in Art. 43the right to claim compensation from the driver of a motor vehicle of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau,
b) with respect to the data referred to in Art. 100aadata collected in the central register of drivers, paragraph 4, item 7, c) with respect to the data referred to in Art. 100aadata collected in the central register of drivers, paragraph 4 points 12, 12a, or 13, to assess insurance risk and determine the amount of the insurance premium in connection with activities aimed at concluding an insurance contract, referred to in Section II, groups 3 and 10 of the Annex to the Act of September 11, 2015, on insurance and reinsurance activities; (Art. 100ahEntities authorized to access data in the driver register, paragraph 1 point 21 letter c, enters into force on the date of implementation of appropriate technical solutions enabling the transfer of information from the central driver register to the starosta, which will be specified by the minister responsible for computerization in the minister's official journal and on the BIP website.)
22)
To the Insurance Guarantee Fund;
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to the debtor's competent authority, referred to in Article 2Catalog of Statutory Terms, point 9 of the Act of 7 September 2007 on Assistance to Persons Entitled to Alimony (Journal of Laws of 2023, items 581 and 658);
26)
voivode.
1a.
The data collected in the register is also made available to the Minister of Internal Affairs for the purpose of fulfilling his statutory duties, using data teletransmission devices, without the need to submit a written request.
2.
The data collected in the register may be made available to courts via the IT system administered by the Minister of Justice.
2a.
The data collected in the records may be made available to insurance companies via the IT system supporting the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund, and the Polish Motor Insurers' Bureau. 2a. The data collected in the register is made available to insurance companies via the IT system supporting the Insurance Guarantee Fund, referred to in the Act of May 22, 2003, on Compulsory Insurance, the Insurance Guarantee Fund, and the Polish Motor Insurers' Bureau. (Article 100ahEntities authorized to access data in the driver register, paragraph 2a, in the wording above, enters into force on the date of implementation of appropriate technical solutions enabling the transfer of information from the central driver register to the district head, which will be specified by the minister responsible for computerization in the minister's official journal and on the Public Information Bulletin (BIP) website.)
3.
The data collected in the register are made available to the entities referred to in paragraph 1 in electronic form using electronic means of communication under the terms specified in the Act of February 17, 2005, on the Computerization of the Activities of Entities Performing Public Tasks. Data may be made available in another form only if electronic disclosure is not possible.
4.
The data collected in the register are made available to the entities referred to in paragraph 1 upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may be a printout from the IT system managing the records. This printout does not require a signature or stamp.
5.
The Minister responsible for computerization may consent, by decision, to the disclosure of data collected in the records to the entities referred to in paragraph 1. 1, or their organizational units, via data teletransmission devices, without the need to submit a written request, if they meet all of the following conditions:
1)
have devices enabling the system to record who obtained the data, when, for what purpose, and what data was obtained;
2)
have technical and organizational security measures that prevent the use of the data contrary to the purpose for which it was obtained;
3)
this is justified by the specific nature or scope of the tasks performed or the business conducted.
6.
The decision referred to in paragraph 5 shall not be issued in the case referred to in paragraph 1a.
Article 100ai. Disclosure of data from the driver register to foreign entities
1.
Data collected in the register may be disclosed to foreign entities in order to comply with the provisions of international agreements ratified by the Republic of Poland, as well as to implement a legal act established by an international organization of which the Republic of Poland is a member. The procedure and method of disclosing data are specified in international agreements ratified by the Republic of Poland, legal acts established by an international organization of which the Republic of Poland is a member, or agreements concluded between the competent ministers of the European Union Member States.
2.
(repealed)
Art. 100aj. Conditions for disclosing data from the vehicle register
1.
Any interested party, after providing the data specified in the regulations issued pursuant to paragraph 3, the data collected in the register shall be made available in electronic form using an IT system.
2.
Personal data collected in the register may be made available after authentication of the interested party under the terms specified in Article 20aIdentification of the user of IT systems, paragraph 1 of the Act of February 17, 2005, on the computerization of the activities of entities performing public tasks.
3.
The minister responsible for computerization shall specify, by regulation:
1)
data required to access individual data,
2)
detailed scope of data shared
– taking into account the need to ensure data security.
Article 100ak. Disclosure of data from the driver register to the person to whom it pertains
1.
Data collected in the register is also made available to the person to whom it pertains.
2.
Data collected in the register is made available upon request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The response in paper form is a printout from the IT system managing the register. This printout does not require a signature or stamp.
Art. 100al. Disclosure of data from the driver register to other entities
1.
The Minister responsible for computerization may disclose the data collected in the register to entities other than those listed in Articles 100ag–100ak, including natural persons, legal entities, or organizational units without legal personality, if they demonstrate a legal interest.
2.
The entities referred to in paragraph 1, the data collected in the register shall be made available upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response constitutes a printout from the IT system managing the register. This printout does not require a signature or stamp.
Article 100am. Transfer of data from the driver register for reuse
1.
The data collected in the register shall be transferred for reuse in a manner that excludes the possibility of identifying individuals, in compliance with the provisions of the Act of August 11, 2021, on open data and the reuse of public sector information, unless otherwise provided for in the Act.
2.
Data collected in the records are made available for reuse upon request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature.
3.
Data collected in the records may also be made available for reuse via online services.
Art. 100an. Regulation on the application for access to data from the driver register
1.
The Minister responsible for computerization shall specify, by regulation, the form for the application referred to in Article 100ahEntities authorized to access data in the driver register paragraph 4, Article 100akDisclosure of data from the driver register to the person to whom it relates paragraph 2, Article 100alDisclosure of data from the driver register to other entities paragraph 2, and Article 100amTransfer of data from the driver register for reuse paragraph 4. 2, guided by the need to streamline the process of sharing and transferring data from the register.
2.
The Minister responsible for computerization will determine, by regulation, the type and scope of data made available pursuant to Article 100ahentities authorized to access data in the driver register and Articles 100ak–100am, taking into account the need to ensure the security of data processed in the register and its protection against unauthorized disclosure and access.
Article 100ao. Fee for providing data from the driver register
The data collected in the register shall be provided and transferred:
1)
free of charge, in the case of data:
a) provided pursuant to Articles 100ah–100ak,
b) provided pursuant to Article 100am, transferring data from the driver register for reuse in the manner specified in Article 100am, transferring data from the driver register for reuse paragraph 2 to public administration bodies not listed in Article 100ah entities authorized to access data in the driver register, paragraph 1, for non-commercial purposes,
c) made available pursuant to Art. 100amtransferring data from the driver register for reuse in the manner specified in Art. 100amtransferring data from the driver register for reuse, paragraph 3, for commercial and non-commercial purposes;
2)
for a fee, in the case of data:
a) made available pursuant to Art. 100alsharing data from the driver register with other entities,
b) transferred pursuant to Article 100amtransferring data from the driver register for reuse in the manner specified in Article 100amtransferring data from the driver register for reuse paragraph 2, for commercial and non-commercial purposes.
Article 100ap. Fees for disclosing data from driver registers
1.
The fee for disclosing individual data concerning one person or one entity may not exceed 2% of the average wage in the national economy, referred to in Article 20announcement in "Monitor Polski" point 1 letter a. and the Act of 17 December 1998 on Pensions and Disability Pensions from the Social Insurance Fund.
2.
The fee for providing data from the register for commercial and non-commercial purposes is determined according to the following formula:
O = K × (A + B) + M
where:
O – total fee for providing data for commercial and non-commercial purposes,
K – coefficient of:
a) 1.0 – for non-commercial purposes,
b) 1.5 – for commercial purposes,
A – fee for IT work,
where
A = 0.5H1 × Z + 0.5H2 × Z + 0.75H3 × Z + 10H4 × Z + H5 × Z
B – maintenance fee,
where
B = 1.5H6 × 10Z + H7 × 10Z + 1.5H8 × 10Z + 0.6H9 × 10Z + 0.5H10 × 10Z
M – cost of consumables, added if it exceeds 5% of the service value,
and the individual symbols mean:
H – number of hours allocated to the task:
H1 – duration of program and design work,
H2 – time to develop program documentation,
H3 – duration of analytical and design work,
H4 – time to develop a new program,
H5 – time to develop the program from ready-made modules,
H6 – time to select a subset from the database,
H7 – time to process the selected data,
H8 – time to create a statistical table,
H9 – time to print lists from a selected subset containing up to 300 individual data items,
H10 – time to print lists from a selected subset containing more than 300 individual data items,
Z – fee for providing individual data from the records.
3.
The maximum fee referred to in paragraph 2, amounts to PLN 23,000.
4.
The Minister responsible for computerization shall determine, by regulation:
1)
the amount of the fee for providing individual data from the register,
2)
the conditions and method of paying the fee for providing data from the register,
3)
Method of documenting payment of the fee for access to data from the register
– taking into account the diverse forms of submitting a request for access to data and the procedures for providing access to data for commercial and non-commercial purposes.
Art. 100aq. Access of the Internal Security Agency to data in driver records
In order to ensure the possibility of carrying out the tasks arising fromArticle 35,paragraph4 of the Act of 24 May 2002 on the Internal Security Agency and the Intelligence Agency, the minister responsible for computerization shall provide the Internal Security Agency with access to the records.
Art. 100 ares Data made available to an interested party authenticated in the IT system handling the records
Each interested party who is authenticated in the IT system handling the records, after providing their name and surname and the number of the driving license or tram driving permit issued in the country, is provided with the following data:
1)
the type and scope of the entitlement obtained;
2)
authorization expiration date;
3)
document validity date;
4)
series and number of the form;
5)
information about the retention of a document, if the document remains retained.
Art. 100ardata made available to an interested party authenticated in the IT system handling the records on the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the MP by the minister responsible for computerization in consultation with the minister responsible for transport – will read as follows:
1. Each interested party who is authenticated in the IT system handling the records, after providing their name and surname and the number of the driving license or tram driving permit issued in the country, will be provided with the following data:
1)
the type and scope of the entitlement obtained;
2)
authorization expiration date;
3)
document validity date;
4)
series and number of the form;
5)
information about the retention of the document, if the document remains retained. 2. The provisions of paragraph 1 shall apply accordingly to the temporary electronic driving license.
Article 100as. Sharing data from driver records with EU Member State authorities
Data collected in the register relating to driving licenses or driver qualification cards or professional qualification certificates shall be made available to the competent authorities of the Member States of the European Union via an electronic network.
Art. 100 at. Scope of data collected in the driver register
1. The following data is collected in the register in order to automatically generate a temporary electronic driving license on their basis:
1)
name(s) and surname;
2)
date and place of birth;
3)
PESEL number number;
4)
residential address;
5)
temporary electronic driving license number;
6)
date of issue of the temporary electronic driving license;
7)
expiry date of the temporary electronic driving license;
8)
the authority responsible for the driver candidate profile;
9)
the number identifying the temporary electronic driving license;
10)
categories of authorizations along with their acquisition and validity dates;
11)
requirements or restrictions referred to inArticle 13,paragraphs 4 and 5 of the Act of 5 January 2011 on vehicle drivers;
12)
the date of obtaining a positive result of the state
examination referred to inArticle 49, section 1, point 1 of the Act of 5 January 2011 on vehicle drivers;
13)
driver candidate profile number;
14)
person identifier;
15)
temporary electronic driving license status;
16)
the date and reason for the seizure of the temporary electronic driving license and the name of the entity recording the seizure;
17)
date and reason for invalidation of the temporary electronic driving license.
2. Data referred to in paragraph 1:
1)
points 1–5, 8 and 10–14, are transmitted and updated via an IT system enabling the performance of tasks of the authorities competent to issue documents confirming the right to drive vehicles, referred to in Art. 16a,paragraph 1 of the Act of 5 January 2011 on vehicle drivers;
2)
points 6, 7, 9, 15 and 17 are completed automatically by the IT system handling the records;
3)
point 16, are transferred by the appropriate organizational unit of the Police, Road Transport Inspectorate or Military Police. ( Article 100at, the scope of data collected in the driver register comes into force on the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a press release in the Ministry of National Defense by the minister responsible for computerization in consultation with the minister responsible for transport)
Art. 100b. Repealed
Article 100c. Repealed
Article 100d. Repealed
Art. 100e. Repealed
Art. 100f. Central register of parking card holders
1.
A central register of holders of parking cards referred to in Article 8 , hereinafter referred to as the "register", shall be created.
2.
The register is maintained by the minister responsible for computerization in the IT system. For the purposes of this Act, this minister is the controller of the data and information collected in the register.
3.
(repealed)
Art. 100g. Data collected in the parking card register
1.
The following data is collected in the register:
1)
card number;
2)
card issue date;
3)
card expiration date;
4)
designation of the team whose chairman issued the card;
5)
name and surname, PESEL number of the disabled person to whom the card was issued, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
6)
date of death;
7)
name, address and REGON identification number of the facility to which the card was issued, make, model and registration number of the vehicle whose driver is authorized to use the card – in the case of cards issued to the facility referred to inArt. 8, paragraph 3a, point 3 ;
8)
date and reason for card expiry;
9)
card status;
10)
identifier of the person or entity entering or changing data in the records.
2.
The data referred to in paragraph 1 points 1–5, 7 and 8, and information on the occurrence of circumstances referred to inArticle 8, paragraph 5e points 2 and 3, shall be transferred to the register by the districtdisability assessment team whose chairman issued the card.
3.
The data referred to in paragraph 1 points 9 and 10 are completed automatically by the IT system handling the records.
4.
The district disability assessment team enters data into the register during the performance of an activity that requires the transfer of data to the register via the IT system that supports the tasks performed by this entity.
5.
Data collected in the register are transferred from the PESEL, REGON, TERYT registers, the Central Vehicle Register, and the Central Driver Register, if collected in these registers.
6.
The Minister responsible for computerization may determine, by regulation, the procedure and deadlines for transferring data between the Register and the PESEL, REGON, and TERYT registers, the Central Vehicle Register, and the Central Driver Register, taking into account the need to ensure smooth data flow between the Register and other registers and records, the accuracy and timeliness of the collected data, and the need to ensure personal data protection.
7.
(repealed)
8.
The data referred to in paragraph 1 shall be deleted from the register after 3 years from the card's expiry date.
Article 100h. Entering Data into the Parking Card Register
1.
To enter data into the register, district disability assessment teams are provided access to the data collected in the register.
2.
Entering data into the register is done by downloading the data collected in the register, verifying it, in particular based on available documents or data, and entering new data into the register. In the event of discrepancies between the data and the data contained in the PESEL or REGON registers, the data collected in these registers shall prevail.
2a.
If data concerning a new entity is entered into the register, this data is retrieved from the register
PESEL, REGON, Central Vehicle Register, and Central Driver Register, if collected therein. In the event of a discrepancy between the data and the data contained in the PESEL or REGON register, the data collected in these registers shall prevail.
3.
The IT system managing the register generates a message about:
1)
entering data into the register – if new data is correctly entered into the register, which is equivalent to fulfilling the obligation to enter data into the register;
2)
failure to enter data into the register – if new data has not been entered into the register and it is necessary to re-enter it in order to fulfill the obligation to enter data into the register.
4.
The Minister responsible for computerization shall determine, by regulation:
1)
the scope of data to which district disability assessment boards are provided access, taking into account the proper performance of their duties under this Act;
2)
technical and quality requirements for data entered into the register and the method of entering it, with a view to ensuring high quality of the data transferred to the register and its reference nature.
Article 100i. Removing data inconsistencies in the parking card register
1.
The entity that finds an inconsistency in the data collected in the register shall clarify this inconsistency with respect to the data it is obligated to provide under the Act and shall enter the data into the register in accordance with the principles specified in Article 100hEntering data into the parking card register.
2.
If the inconsistency cannot be clarified, the entity referred to in paragraph 1, shall immediately notify the controller of the data and information collected in the register of any inconsistency, using the IT system supporting the register or the IT system supporting the tasks performed by that entity.
3.
To clarify the inconsistency, the controller of the data and information collected in the register shall immediately notify the entity that entered the data to which the inconsistency pertains, using the IT system supporting the register, of the inconsistency, in the event of:
1)
the controller finds an inconsistency between the data and information collected in the register;
2)
referred to in paragraph 2.
4.
The entity referred to in paragraphs 1 and 3 shall explain this discrepancy, in particular based on the documents or data in its possession.
5.
The entity referred to in paragraphs 1 and 3 shall immediately notify, via the IT system supporting the records or via the IT system supporting the tasks performed by that entity,
the data and information recordkeeper to clarify this discrepancy in the event of:
1)
entering the correct data into the record using the IT system supporting the record or using the IT system supporting tasks performed by the entity entering the data;
2)
determining that the data entered into the record is correct;
3)
determining that the inconsistency cannot be removed, providing a justification.
6.
Entering data into the register for which an inconsistency has been identified, as referred to in paragraph 2, requires prior clarification of the inconsistency.
7.
The controller of data and information collected in the register will enable the entry of data into the register without prior clarification of inconsistencies if this is necessary to perform tasks arising from separate provisions carried out by entities obligated to enter data into the register within the deadlines specified in statutory provisions.
8.
The Minister responsible for computerization shall determine, by regulation, the method and procedure for resolving discrepancies in data collected in the central register of parking card holders by entities providing them, taking into account the need to ensure the completeness and accuracy of data in the register, the timely handling of administrative processes related to the register, and their security.
Art. 100j. Extension of the deadline for entering data into the parking card register
If data cannot be entered into the register due to reasons beyond the entity's control, the data shall be entered immediately, no later than 2 business days from the date on which the obligation to enter the data arose.
Article 100k. Entities authorized to access data in the vehicle register
1.
Data collected in the register is made available, if necessary for the performance of their statutory duties, to the following entities:
1)
Police;
2)
Road Transport Inspectorate;
3)
Military Police;
4)
Border Guard;
5)
staroste;
6)
to municipal (city) guards;
7)
to district disability assessment teams.
2.
Data collected in the register is made available upon a reasoned request from the interested entity, submitted in paper form or by mail.
electronically, authenticated using the mechanisms specified in Article 20aIdentification of Users of Teleinformatic Systems, paragraph 1 of the Act of February 17, 2005, on the Computerization of the Activities of Entities Performing Public Tasks.
3.
The minister responsible for computerization may consent, by way of a decision, to the disclosure of data collected in the register to the entities referred to in paragraph 1, or their organizational units, via data teletransmission devices, without the need to submit a written request, if they meet all of the following conditions:
1)
have devices enabling the system to record who obtained the data, when, for what purpose, and what data was obtained;
2)
have technical and organizational security measures that prevent the use of the data contrary to the purpose for which it was obtained;
3)
this is justified by the specific nature or scope of the tasks performed or the business conducted.
Article 100l. Disclosure of data from the parking card register to the person to whom it relates
The data collected in the register shall also be made available at the request of the person to whom it relates. This data may be made available using data teletransmission devices.
Article 100m. Free access to data from the parking card register
Disclosure of data referred to in Article 100kentities authorized to access data in the vehicle register and Article 100ldisclosure of data from the parking card register to the person to whom it relates is free of charge.
Article 101. Repealed
Article 102. Repealed
Article 103. Repealed
Article 103a. Repealed
Article 104. Repealed
Article 105. Repealed
Article 106. Repealed
Art. 107. Repealed
Art. 108. Repealed
Art. 109. Repealed
Art. 110. Repealed
Art. 110a. Repealed
Art. 111. Repealed
Art. 112. Repealed
Art. 113. Repealed
Art. 114. Repealed
Art. 115. Repealed
Art. 115a. Repealed
Art. 115b. Repealed
Art. 115c. Repealed
Art. 115d. Repealed
Art. 115e. Repealed
Art. 115f. Repealed
Art. 115g. Repealed
Art. 115h. Repealed
Art. 115i. Repealed
Art. 115j. Repealed
Art. 115k. Repealed
Art. 115l. Repealed
Art. 116. Voivodeship Road Traffic Center
1.
The Voivodeship Assembly, in consultation with the Minister responsible for Transport, establishes Voivodeship Road Traffic Centers within the voivodeship.
2.
The Center is a local government legal entity of the voivodeship.
3.
The Voivodeship Board supervises the center.
Article 117. Tasks of the Voivodeship Road Traffic Center
1.
The center's duties include:
1)
cooperating with the Voivodeship Road Safety Council;
2)
cooperation with district heads in supervising training;
3)
organizing state examinations to check the qualifications of applicants for driving licenses and drivers;
3a)
organizing examinations to check the qualifications of persons applying for driving licenses applying for driving licenses within the scope defined by an international agreement to which the Republic of Poland is a party;
3b)
organizing qualification tests;
4)
(repealed)
4a)
conducting periodic training;
5)
conducting 3-day professional development workshops for examiners;
6)
conducting courses:
a) for teachers conducting classes for students applying for a bicycle license,
b) for road safety training,
c) for road safety re-education,
d) for alcohol and drug prevention;
7)
organizing classes for students applying for a bicycle license;
8)
providing the voivodeship marshal and district heads with information on pass rates for individual training centers and instructors;
9)
educational activities related to road traffic other than those listed in points 4a and 5–8 and road transport.
2.
The Center may perform other tasks in the field of road safety.
3.
The Center may conduct business activities, the results of which will be allocated to the activities referred to in paragraphs 1 and 2.
Art. 118. Director of the Provincial Road Traffic Center
1.
The center's activities are managed by the director.
2.
The director is appointed and dismissed by the provincial board.
3.
The provincial board determines the director's remuneration.
Article 119. Financial Management of the Provincial Road Traffic Center
1.
The Center shall conduct independent financial management pursuant to the principles set forth herein.
this Act.
2.
The center's revenues are:
1)
revenues from performing the tasks referred to in Art. 117Tasks of the Voivodeship Road Traffic Center, paragraph 1;
2)
revenues from performing other tasks related to road safety;
3)
revenues from the activities referred to in Art. 117Tasks of the Voivodeship Road Traffic Centre, sec. 3.
2a.
The center's revenue may be a specific or targeted subsidy granted from the voivodeship budget to finance or subsidize the costs of implementing the tasks referred to in Article 117Tasks of the Voivodeship Road Traffic Center, paragraphs 1 and 2, which do not constitute economic activity.
2b.
The subsidies referred to in paragraph 2a, for the center may not exceed 50% of its operating costs for the implementation of the tasks referred to in Art. 117Tasks of the Voivodeship Road Traffic Center, paragraphs 1 and 2, which do not constitute economic activity.
2c.
The principles for granting the subsidies referred to in paragraph 2a, the procedure for granting them, and the method of their settlement shall be determined by the provincial assembly, by way of a resolution constituting an act of local law, taking into account the need to ensure the implementation of the tasks referred to in Art. 117Tasks of the Voivodeship Road Traffic Center, paragraph 1. 1 and 2, which do not constitute economic activity and taking into account the availability of funds for this purpose in the voivodeship budget.
2d.
The granting of subsidies referred to in para. 2a, is based on an agreement concluded by the voivodeship marshal with the center's director.
3.
The center shall bear the costs of:
1)
ongoing maintenance of the center;
2)
performing the tasks referred to in Art. 117tasks of the provincial road traffic center, paragraph 1;
3)
investments related to the center's activities referred to in Art. 117tasks of the provincial road traffic center;
4)
activities to improve road safety within the province, in particular to promote road traffic rules and improve driving culture, for which the center allocates remaining available funds not used under the titles referred to in items 1-3.
4.
(repealed)
5.
The center may take out loans, with the consent of the provincial board, under general principles.
6.
Assets acquired as part of the initial equipment of the center constitute its founding fund.
7.
The center maintains separate records of income and expenses related to conducting training or examinations as educational activities and separately for any other activities.
Art. 120. Statute of the Provincial Road Traffic Center
1.
The Provincial Assembly grants the center a statute.
2.
The center's statute specifies, in particular, its organization and the conditions for establishing local branches.
Art. 121. Regulation on the principles of financial management of the provincial road traffic center
The minister responsible for transport shall determine, by regulation:
1)
in consultation with the minister responsible for the budget, financial institutions, and public finances - the detailed conditions for the financial management of the center and the detailed conditions for recording revenues and costs referred to in Article 119Financial Management of the Provincial Road Traffic Center, paragraph 7.
2)
(repealed)
Art. 121a. Remuneration Conditions for Examiners
1.
The remuneration conditions for examiners are determined by the provincial assembly, by way of a resolution constituting an act of local law, based on the nature of the work performed by examiners and the need to ensure an appropriate level of performance of their tasks.
2.
The remuneration conditions for examiners are specified in each case in a resolution of the provincial assembly referred to in paragraph. 1, may not be less favorable than the terms of remuneration for examiners specified in the previous resolution.
Art. 122. Repealed
Art. 123. Repealed
Art. 124. Repealed
Art. 124a. Repealed
Art. 124b. Repealed
Art. 124c. Repealed
Art. 125. Repealed
Art. 126. Repealed
Art. 127. Repealed
Art. 128. Repealed
Art. 129. Powers of a Police Officer and Certain Entities During Road Traffic Controls
1.
Ensuring road safety and order, directing and controlling traffic are among the duties of the Police.
2.
A Police Officer, in connection with performing the duties specified in paragraph 1, is authorized to:
1)
check the ID of a road user and issue binding instructions regarding the use of the road, vehicle, or traffic support device;
1a)
determining the identity of the vehicle driver based on data from the Personal Identity Card Register;
2)
checking the required documents referred to in Article 38Documents required from the vehicle driver, and the permit referred to in Article 1
06Requirements for drivers of emergency vehicles section 1 point 5 of the Act of 5 January 2011 on vehicle drivers;
21)
verification of vehicle data, including data on vehicle documents in the central register of vehicles;
22)
verification of data about the driver of a vehicle in the Central Register of Drivers;
23)
verification of data about the driver of a vehicle whose driving license or driver qualification card was issued by a European Union Member State, the Swiss Confederation, a member state of the European Free Trade Association (EFTA) – a party to the Agreement on the European Economic Area, or the United Kingdom of Great Britain and Northern Ireland, other than the Republic of Poland, by teletransmission using using the electronic network, within the scope of data currently available in the electronic network;
2a)
(repealed)
2b)
checking the permit referred to in Article 64Oversize Vehicle Movement, paragraph 1 point 1;
3)
demanding the driver of the vehicle or any other person reasonably suspected of having driven the vehicle to undergo a test to determine the level of alcohol or a substance with a similar effect in the body;
4)
inspecting the technical condition, equipment, cargo, dimensions, weight, or axle load of a vehicle on the road;
4a)
reading the vehicle's odometer, the odometer of a towed vehicle, and the odometer of a transported vehicle along with the unit of measurement during an inspection;
5)
checking tachograph records;
6)
retaining, in cases provided for in the Act, documents confirming the right to drive or use a vehicle, and the driver card in cases provided for in the Act in:
a) Article 26 paragraph 7 of Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ EU L 60, 28.02.2014, p. 1),
b) Article 11rules on pedestrian use of pavements, hard shoulders, footpaths and carriageways paragraph 4(a) c of the Annex to the European Agreement concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), done in Geneva on 1 July 1970 (Journal of Laws of 2014, item 409);
7)
issuing instructions to:
a) the person who caused the obstacle that hinders road traffic or endangers its safety, or the person responsible for maintaining the road,
b) the road user being monitored – regarding their conduct;
8)
prevent:
a) driving a vehicle or using a mobility aid while under the influence of alcohol or a substance with a similar effect,
b) using a vehicle whose technical condition, load, weight, or axle load endanger traffic safety or order, cause road damage, or violate environmental protection requirements,
c) using a vehicle registered in a non-member country if the driver has not presented proof of compulsory third-party liability insurance for the vehicle owner or proof of payment of the insurance premium,
d) driving a vehicle by a person without the required documents authorizing them to drive or use the vehicle;
9)
using control and measurement devices, in particular for examining a vehicle, determining its weight, axle load, or speed, determining violations of environmental protection requirements, and determining the driver's sobriety;
9a)
using recording devices;
10)
removing or moving a vehicle in the cases referred to in Article 130aremoving a vehicle from the road at the owner's expense, paragraph 1-3;
11)
inspection of the road transport of dangerous goods and requirements related to this transport;
11a)
inspection of the transport of waste within the meaning of the Act of 14 December 2012 on Waste and requirements related to this transport;
11b)
breaking seals to physically inspect transported waste;
12)
using loudspeaker, signaling, or lighting devices to issue binding instructions to road users;
13)
in justified cases, requesting an assessment of the driver's health;
13a)
to apply to the district head (starosta) to refer a driver or person holding a tram driving permit to a qualifications examination if there are justified and serious concerns regarding that person's qualifications;
14)
escorting vehicles, excluding oversized vehicles escorted in accordance with Article 64, paragraph 1, point 3.
3.
The provisions of paragraph 2 points 3, 4 and 6 shall not apply to heads and foreign staff of diplomatic missions, consular offices and special missions of foreign countries and international organizations enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognized international customs or on the basis of reciprocity, and to other persons enjoying these privileges and immunities.
4.
Road traffic control for drivers of vehicles of the Armed Forces of the Republic of Poland and for soldiers on active military duty driving other vehicles, vehicle escort, and road traffic management in connection with the escort of military vehicles is the responsibility of the Military Police and military law enforcement authorities. In this regard, the Military Police and military law enforcement authorities have the powers of police officers specified in paragraph 2.
4a.
Road traffic control may also be carried out by Border Guard officers or Customs and Tax Service officers, who have the powers referred to in paragraph 2 points 1–5 and 7–12 and inArticle 130a , paragraph 4 point 1,to remove the vehicle from the road at the expense of the owner . Border Guard officers and Customs and Tax Service officers also have the power referred to in paragraph 2 point 6, in the scope concerning documents confirming the right to use the vehicle.
4aa.
Road traffic controls may also be carried out by inspectors of the Environmental Protection Inspection, who have the powers referred to in paragraph 2 points 1, 2, 2 1 , 2a, point 7 letter b, point 8 letter b and point 11a. 4aa. Road traffic controls may also be carried out by inspectors of the Environmental Protection Inspection, who have the powers referred to in paragraphs points 1, 2–2 3, point 7 letter b, point 8 letter b and point 11a. ( Art. 129, powers of police officers and certain entities during road traffic controls, paragraph 4aa in this wording enters into force on the date of implementation of technical solutions the verification of data on the vehicle driver enabling in the central register of drivers and the entry into the central register of drivers of information on the seizure of a driving license or a tram driving permit issued in the country and on their return, specified in the announcement published in the Journal of Laws and the Public Information Bulletin)
4b.
Additionally, officers refuse entry of a vehicle into the territory of the Republic of Poland if:
1)
the vehicle is driven by a person who is intoxicated or under the influence of alcohol or a substance having a similar effect to alcohol, if it is not possible to secure the vehicle in another way;
2)
the vehicle is driven by a person who does not have the required documents authorizing him/her to drive or use the vehicle, a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or confirming the payment of the insurance premium;
3)
the technical condition of the vehicle endangers road safety, causes damage to the road by the vehicle or violates environmental protection requirements;
4)
the driver of an oversized vehicle does not have the required permit;
5)
a violation of the regulations on international shipments of waste was found.
5.
(repealed)
Art. 129a. Road inspections performed by inspectors of the Road Transport Inspection
1.
Road traffic control in relation to the driver of the vehicle:
1)
who performs road transport within the meaning of the Act of 6 September 2001 on road transport,
2)
in the scope of testing to determine the alcohol content in the body or the presence of a substance acting similarly to alcohol,
3)
who has violated road traffic regulations, if this violation is recorded using:
a) control and measurement devices,
b) portable recording devices or recording devices installed in a vehicle or aircraft,
4)
who grossly violated road traffic regulations or caused a threat to his safety,
5)
who performs road transport within the meaning of the Act of 19 August 2011 on the transport of dangerous goods,
6)
who carries out the transport of waste within the meaning of the Act of 14 December 2012 on waste
- also belongs to the Road Transport Inspection.
2.
Within the framework of carrying out road traffic inspections within the scope referred to in paragraph 1, inspectors of the Road Transport Inspection have the powers specified inArticle 129, paragraphs 1 and 2, including towards the owner or keeper of the vehicle
.
Art. 129b. Road checks performed by municipal (city) guards
1.
Road traffic control in municipalities or cities that have established a municipal (city) guard may be performed by municipal (city) guards.
2.
Municipal (city) guards are authorized to perform road traffic control in relation to:
1)
a vehicle driver who does not comply with the traffic ban in both directions, indicated by an appropriate road sign;
2)
a traffic participant violating the provisions on:
a) stopping or parking vehicles,
b) the movement of mopeds, bicycles, bicycle carts, electric scooters, personal transport devices, horse-drawn vehicles and on riding or driving animals,
c) the movement of pedestrians and persons moving using movement-assisting devices,
d) the restriction of traffic in the clean transport zone, specified in the resolution of the municipal council, issued on the basis ofArt. 40section 1 of the Act of 11 January 2018 on electromobility and alternative fuels (Journal of Laws of 2023, items 875, 1394, 1506 and 1681 and of 2024, item 834),
e) axle load.
3.
As part of carrying out road traffic control within the scope referred to in paragraph 2, municipal (city) guards are authorized to:
1)
stopping a vehicle, a person moving using a movement assist device or riding on horseback;
2)
checking the documents referred to inArt. 38documents required from the vehicle driver , and verifying data on:
a) the vehicle, including data on vehicle documents, in the central register of vehicles,
b) the vehicle driver in the central register of drivers;
3)
(repealed)
4)
checking the identity of a road user and issuing binding instructions regarding the use of the road, vehicle or traffic support device;
5)
issuing instructions:
a) to the person who caused the obstacle that hinders road traffic or endangers their safety,
b) to the controlled road user – as to his/her conduct;
6)
verifying the fulfillment of the obligations specified inArticle 78, paragraph 2of the documents provided to the buyer upon sale of the vehicle ;
7)
requesting the owner or keeper of the vehicle to indicate to whom he has entrusted the vehicle for driving or use during a specified period;
8)
establishing the identity of the vehicle driver based on data from the Personal Identity Card Register;
9)
checking the axle load of the vehicle on the road;
10)
using control or measuring devices to determine the axle load of a vehicle;
11)
prevent driving a vehicle exceeding its permissible axle load.
3a.
To check the axle load of a vehicle, municipal (city) guards holding a driving license of the appropriate category may drive the vehicle.
4.
(repealed)
Article 129c. Traffic Control in Forests or National Parks
1.
Traffic control in forests or national parks may be performed by forest rangers or Park Guard officers.
2.
Forest rangers and Park Guard officers are authorized to control drivers who fail to comply with the regulations or road signs in force in forests or national parks, prohibiting entry, stopping, or parking of vehicles.
3.
As part of road traffic control within the scope referred to in paragraph 2, forest rangers and Park Guard officers are authorized to:
1)
stop a vehicle;
2)
check the ID of a road user;
2a)
verify vehicle data, including vehicle documents, in the central vehicle register;
3)
giving instructions regarding behavior on the road.
Article 129d. Road inspections performed by persons acting on behalf of the road authority
1.
Persons acting on behalf of the road authority may, in the presence of a Police officer or Road Transport Inspector, perform road traffic inspections on vehicles:
1)
regarding compliance with regulations on dimensions, weight, or axle load;
2)
causing damage or destruction roads;
3)
polluting or littering the road.
1a.
Persons acting on behalf of the road administrator may also, in the presence of a municipal (city) guard, perform road traffic inspections of vehicles to ensure compliance with axle load regulations.
2.
As part of the road traffic inspections referred to in paragraph 1 and 1a, persons acting on behalf of the road operator are authorized to:
1)
stop a vehicle;
2)
check the ID of a road user and give them instructions regarding the use of the road or vehicle;
3)
check the documents required in connection with the use of the vehicle;
4)
inspecting the technical condition, equipment, cargo, dimensions, and weight or axle load of a vehicle on the road;
5)
using control or measuring devices intended, in particular, to examine the vehicle, determine its dimensions, weight or axle load, and determine any violation of environmental protection requirements;
6)
preventing the driving of a vehicle that exceeds the permissible weight or axle load, or that damages or destroys the road.
3.
For the purpose of checking the weight or axle load of a vehicle, persons acting on behalf of the road authority, holding a driving license of the appropriate category, may drive the vehicle.
4.
The provisions of paragraph 1-3 do not apply to persons acting on behalf of the General Director for National Roads and Motorways.
Article 129e. Authorization to perform road inspections
1.
Road traffic inspections performed by municipal (city) guards, forest guards, Park Guard officers, and road authority employees are based on an authorization to perform road traffic inspections issued by the owner.the appropriate district (municipal) police commander.
2.
Article 129Powers of a police officer and certain entities during road traffic control, paragraph 3, shall apply accordingly to road traffic control performed by the persons referred to in paragraph 1.
Article 129f. Obligation to prevent a person under the influence of alcohol or drunk from driving a vehicle
Municipal (city) guards, forest guards, and park guards, when performing road traffic control activities, are obligated to prevent a person from driving a vehicle if there is reasonable suspicion that they are under the influence of alcohol or drunk from using a substance with a similar effect, until the arrival of the Police.
Art. 129fa. Initial roadside technical inspection
1.
A vehicle selected by the inspector for a road traffic control inspection is subject to a preliminary roadside technical inspection, which is conducted in accordance with the regulations issued pursuant to Art. 131Regulation on carrying out road traffic checks sec. 1.
2.
The Chief Inspector of Road Transport, in consultation with the Chief Commander of the Police, plans and organizes preliminary technical roadside inspections of vehicles in categories M2, M3, N2, and N3 and trailers in categories O3 and O4 so that the total number of these inspections covers at least 5% of the total number of such vehicles registered in the territory of the Republic of Poland in each calendar year.
In the case of a vehicle in categories M2, M3, N2, and N2, a trailer in categories O3 and O4, and a wheeled tractor in categories T1b, T2b, T3b, T4.1b, T4.2b, T4.3b, and T5 used on a public road to carry out commercial transport of goods, the inspector, based on the results of the initial technical roadside inspection, may refer the vehicle for a detailed technical roadside inspection. When referring a vehicle for a detailed technical roadside inspection, particular consideration shall be given to the need to determine whether the vehicle poses a threat to road safety or violates environmental protection requirements.
2.
The scope of the detailed technical roadside inspection to be conducted is specified in the technical roadside inspection report.
3.
A detailed technical roadside inspection is conducted in accordance with the regulations issued pursuant to Article 131 of the Regulation on the Conduct of Road Traffic Inspections, paragraph 1. 1 in:
1)
mobile roadside inspection station,
2)
a designated roadside inspection point covering an area of sufficient size where technical inspection of the vehicle's main safety systems is possible
– using the control and measurement instruments necessary to perform such inspection, in particular those necessary to assess the condition and effectiveness of the brakes, the steering system, the suspension, and the vehicle's harshness.
4.
In casetowards directing the vehicle referred to in paragraph 1, for a detailed technical roadside inspection at a designated roadside inspection point, this inspection shall be carried out as soon as possible and at the nearest designated roadside inspection point.
5.
The results of the detailed technical roadside inspection shall be included in the technical roadside inspection report.
6.
The Minister responsible for transport shall determine, by regulation, the minimum requirements for the equipment of a mobile roadside inspection station and a designated roadside inspection point and the control and measurement instruments used therein, taking into account the scope of the detailed inspection. technical roadside inspection and the need to ensure a correct assessment of the technical condition of vehicles subjected to such inspection.
Art. 129fc. Training and workshops authorizing the performance of detailed technical roadside inspections
1.
A detailed technical roadside inspection is conducted by an inspector who has:
1)
the authorizations referred to in Art. 84authorization to perform technical inspections of vehicles, paragraph 2, or
2)
education and experience referred to in Article 84authorization to perform vehicle technical inspections, paragraph 2b, and has completed training for inspectors in conducting detailed technical roadside inspections
– and participates in workshops for inspectors conducting detailed technical roadside inspections at least once in two consecutive years.
2.
The Provincial Road Transport Inspector, the Provincial Police Commander, the Warsaw Police Commander, the Commander-Rector of the Police Academy in Szczytno, the Commander of the Police Academy, the Commander of the Border Guard Unit, the Rector-Commander of the Border Guard College, and the Director of the National School of Fiscal Affairs, each within their respective jurisdiction:
1)
may organize training for inspectors in conducting detailed technical roadside inspections and workshops for inspectors conducting detailed technical roadside inspections, in accordance with the program specified in the regulations issued pursuant to paragraph 3;
2)
issue certificates of completion of training for inspectors in conducting detailed technical roadside inspections and certificates of completion of workshops for inspectors conducting detailed technical roadside inspections, provided they participate in all classes scheduled in the program.
3.
The Minister responsible for Transport, in consultation with the Minister responsible for Internal Affairs and the Minister responsible for Public Finance, shall determine, by regulation:
1)
Training program for inspectors conducting detailed technical roadside inspections,
2)
Workshop program for inspectors conducting detailed technical roadside inspections,
3)
Template certificate of completion of training for inspectors conducting detailed technical roadside inspections,
4)
Template certificate of completion of workshops for inspectors conducting detailed technical roadside inspections
– taking into account the need to ensure the equivalence of these training courses and workshops with those for diagnosticians, the need to achieve the appropriate level of knowledge and skills necessary to conduct detailed technical roadside inspections, and the need to standardize the certificates issued.
Article 129g. Competences of the Road Transport Inspectorate in the disclosure of traffic violations Road Traffic Inspection
1.
Disclosure of the following traffic violations using stationary recording devices installed in the roadway of public roads:
a) exceeding the speed limit,
b) failure to obey traffic lights
– is the responsibility of the Road Transport Inspection.
2.
In performing the tasks referred to in paragraph 1, the Road Transport Inspection:
1)
records images of road traffic violations and processes, for the purposes specified in this Act, the image of the vehicle used to violate road traffic regulations and the image of the driver, if registered, as well as data including:
a) the registration number of the vehicle used to violate the regulations,
b) the date, time, and location of the violation,
c) the type of violation,
d) details of the owner or keeper of the vehicle or the driver,
e) the identification number of the recording device;
2)
in proceedings concerning petty offenses referred to in paragraph 1, conducts investigations, submits motions to the court for punishment, files charges in court, and files remedies Appeals - in the manner and to the extent specified in the Act of August 24, 2001 - the Code of Petty Offences Procedure (Journal of Laws of 2022, item 1124 and of 2023, item 1963);
3)
requests public road operators, excluding roads managed by the General Director for National Roads and Motorways, to install or remove a recording device or a housing for such device, provided that in cases concerning devices recording violations of road traffic regulations concerning speed limits, the request requires prior consultation with the relevant provincial police commander;
4)
purchases and repairs, and performs activities related to the ongoing operation and maintenance of recording devices and their housings, including activities involving the import of data recorded by these devices and the installation of devices in installed housings in the case of devices installed by the Road Transport Inspectorate or a road administrator acting upon the request referred to in point 3, as well as in the case of recording device housings belonging to the Police.
3.
The tasks of the Road Transport Inspectorate referred to in paragraph 1 are performed by the Chief Inspector of Road Transport with the assistance of the Chief Inspectorate of Road Transport and its regional offices.
4.
(expired)
5.
The Minister responsible for transport, in consultation with the Minister responsible for internal affairs and the Minister of Justice, taking into account the scope of necessary data and the need to ensure uniformity of documents, shall specify, by regulation, the templates of documents to be used by the Chief Inspector of Road Transport in the proceedings referred to in paragraph 2, point 2.
Art. 129h. Data subject to registration by the Road Transport Inspectorate
1.
Within the scope referred to in Art. 129gcompetences of the Road Transport Inspection in the scope of disclosing violations of road traffic regulations sec. 1, the following in particular are subject to registration:
1)
image of the violation, including the image of the vehicle used by the driver to violate road traffic regulations, along with the vehicle registration number;
2)
date and time of the violation;
3)
the identification number of the recording device;
- and in the case of exceeding The following are also recorded:
4)
the speed at which the vehicle was moving;
5)
the speed limit at the place and time of the violation.
2.
In cases specifically justified by road safety, the Road Transport Inspection may disclose violations of road traffic regulations within the scope referred to in Article 129gCompetences of the Road Transport Inspection regarding the disclosure of violations of road traffic regulations paragraph 1 letter a, also using recording devices that reveal violations of road traffic regulations on a specific road section. In such a case, these devices record, in particular:
1)
the image of the vehicle in which the driver violated traffic regulations, along with the vehicle's registration number;
2)
the date, time, and the road section where the violation occurred;
3)
the average speed at which the vehicle was traveling on the road section where the violation occurred violation;
4)
the speed limit on the section of road where the violation was committed, at the time of its commission;
5)
the identification number of the recording device.
3.
The Chief Inspector of Road Transport determines the owner or keeper of a vehicle entered in the registration certificate for a violation of road traffic regulations based on the following data and information:
1)
specified in paragraphs 1 and 2;
2)
from the Central Register of Vehicles and the Central Register of Drivers made available via the IT system;
3)
obtained in connection with the proceedings, in particular from Polish and foreign vehicle registration authorities.
4.
The provisions of Article 10 of the Act on the Protection of Personal Data (hereinafter referred to as "the Act") shall apply to the processing of personal data by the Chief Inspector of Road Transport, within the scope referred to in paragraph 3. 26repealed of the Act of December 14, 2018, on the Protection of Personal Data Processed in Connection with the Prevention and Combating of Crime (Journal of Laws of 2023, item 1206).
5.
The Minister responsible for transport, taking into account the causes and location of road accidents, preventing such accidents, and encouraging drivers to comply with road traffic regulations, shall determine, by regulation:
1)
the conditions for the location of stationary recording devices and housings for such devices in the right-of-way of public roads, taking into account the principle that the housing is installed and used together with the recording device;
2)
method of marking stationary recording devices and housings for these devices, taking into account the preventive effect by ensuring adequate visibility;
3)
method of measuring by recording devices, taking into account speed thresholds adapted to the speed limit in force on the road, and processing the recorded data by these devices, as well as taking into account the possibility of driver error up to 10 km/h in maintaining the speed limit.
4)
(repealed)
Art. 129i. Driving a Driver for Alcohol Testing
1.
A test to determine alcohol content in the body is conducted using electronic devices that measure alcohol concentration in exhaled air.
2.
The provision of paragraph 1 shall not apply if the condition of the person undergoing the test prevents it from being performed using an electronic device or if the person refuses to undergo such a test. In such a case, the determination of alcohol content in the body is based on a blood test.
3.
A test to determine alcohol content in the body may also be conducted in the absence of the consent of the person being tested, of which they must be notified in advance.
4.
The conditions and procedure for conducting the tests referred to in paragraphs 1 and 2 are specified in the regulations issued pursuant to Article 47Stopping or parking a vehicle on a pedestrian route paragraph. 2 of the Act of October 26, 1982, on Upbringing in Sobriety and Counteracting Alcoholism (Journal of Laws of 2023, item 2151).
Art. 129j. Testing a driver for the presence of a substance having a similar effect to alcohol in the body
1.
Testing to determine the presence of a substance having a similar effect to alcohol in the bodyThe presence of a substance with a similar effect to alcohol shall be determined using methods that do not require laboratory testing.
2.
The provision of paragraph 1 shall not apply if the condition of the person undergoing the test prevents it from being performed using a method that does not require laboratory testing, or if the person refuses to undergo such a test. In such a case, the presence of a substance with a similar effect to alcohol shall be determined based on a blood or urine test.
3.
A blood or urine test is permitted as a follow-up to the test conducted using the method referred to in paragraph 1. 1, or if it is not possible to use this method.
4.
A test to determine the presence of a substance with an effect similar to alcohol in the body may also be conducted in the absence of the consent of the person being tested, of which they must be informed in advance.
5.
The Minister responsible for health, taking into account the effects of substances with an effect similar to alcohol on the driver's body, shall determine, by regulation:
1)
list of these substances;
div>
2)
...
Article 129k. Examination of a driver involved in a road accident
1.
If involved in a road accident in which a person is killed or injured, the driver of the vehicle shall be subjected to a test to determine the level of alcohol or the presence of a substance with a similar effect in the body.
2.
The test referred to in paragraph The person referred to in paragraph 1 may also be subjected to a criminal investigation if there is reasonable suspicion that he or she may have driven a vehicle involved in a road accident in which a person was killed or injured.
3.
The persons referred to in paragraphs 1 and 2 have the right to request a road traffic control authority to conduct a blood or urine test to determine the alcohol content or the presence of a substance with a similar effect in the body.
Art. 129l. Reading the Odometer During a Road Traffic Inspection
1.
During a road traffic inspection, an authorized inspection body may read the odometer of a vehicle, the odometer of a towed vehicle, and the odometer of a transported vehicle along with the unit of measurement.
2.
The driver of a vehicle is obliged to allow the authorized inspection body to perform the activities referred to in paragraph 1. 1, in respect of a vehicle being driven, towed, or transported.
Art. 130. Repealed
Art. 130a. Removal of a vehicle from the road at the owner's expense
1.
The vehicle will be removed from the road at the owner's expense in the event of:
1)
leaving the vehicle in a place where it is prohibited and obstructs traffic or otherwise poses a safety risk;
2)
failure of the driver to produce a document confirming compulsory third-party liability insurance for the vehicle owner or proof of payment of the premium for such insurance, if the vehicle is registered in a country referred to in Art. 129Powers of Police Officers and Certain Entities During Road Traffic Controls section 2 item 8 letter c;
3)
exceeding the dimensions, permissible gross vehicle weight, or axle load specified in road traffic regulations, unless it is possible to direct the vehicle to a nearby road on which such a vehicle is permitted;
4)
leaving a vehicle without a parking card in a space designated for vehicles driven by persons specified in Art. 8Parking card for disabled persons, sections 1 and 2;
5)
leaving the vehicle in a place where a sign is in effect indicating that a parked vehicle will be removed at the owner's expense;
6)
being driven by a person who does not have a driving license or whose driving license has been confiscated and it is impossible to secure the vehicle by handing it over to a person inside who has the right to drive it; the provision does not apply if the driver has a receipt referred to in Article 135driving license seizure paragraph 4 or 5 or in Article 135adriving license seizure issued by a country other than the Republic of Poland paragraph 5 or 6, authorizing him to drive a vehicle;
7)
driving on a road other than the one designated in accordance with Article 65aobligations of the organizer of an event on the road paragraph 3 item 3 letter j, if he is admitted to traffic pursuant to Article 65pscope of road traffic approval for passenger cars intended for sports competitions.
1a.
The vehicle is removed from the road at the expense of the person performing the road transport in the case referred to in Art. 140addeposit in the amount of the expected fine sec. 7.
2.
A vehicle may be removed from the road at the owner's expense if it cannot be secured in any other way, if:
1)
It was driven by a person:
a) who was intoxicated or under the influence of alcohol or a substance with a similar effect,
b) who did not have the required documents authorizing the driving or use of the vehicle;
2)
Its technical condition endangers road safety, causes road damage, or violates environmental protection requirements.
2a.
The removal of a vehicle is waived if, before issuing the order,tion to remove the vehicle or during its removal, the reasons for its removal cease to exist. If issuing the instruction to remove the vehicle in the cases referred to in paragraphs 1-2 resulted in costs, the owner of the vehicle is obliged to cover them. The provisions of paragraph 10i shall apply accordingly.
3.
A vehicle may be moved or removed from the road if it hinders the rescue operation.
4.
The order to move or remove a vehicle from the road is issued by:
1)
a police officer - in situations referred to in para. 1-3;
2)
municipal (city) guard - in situations referred to in paragraph 1, points 1, 4, and 5;
3)
person in charge of the rescue operation - in the situation referred to in paragraph 3.
5.
(lost power)
5a.
(repealed)
5b.
(repealed) 5c. A vehicle removed from the road in the cases specified in paragraphs 1-2 and Art. 140ada deposit in the amount of the expected fine paragraph 7 shall be placed in a guarded parking lot designated by the staroste until the fee for its removal and parking has been paid, taking into account paragraph 7. (Article 130a, paragraph 5c, of the Road Traffic Act, insofar as it provides that a vehicle removed from the road in the cases specified in Article 130a, paragraphs 1 and 2, of the Road Traffic Act, shall remain in a guarded parking lot designated by the starosta until the fee for its removal and parking is paid) was deemed inconsistent with the Constitution of the Republic of Poland by the judgment of the Constitutional Tribunal of December 5, 2018 (ref. no. K 6/17) and became null and void on September 13, 2019 (Journal of Laws of 2018, item 2322).)
5d.
(repealed)
5e.
(repealed)
5f.
The removal of vehicles and the operation of a guarded parking lot for vehicles removed in the cases referred to in paragraphs 1-2 are the county's own responsibilities. The staroste performs these tasks with the assistance of county organizational units or entrusts them with the performance in accordance with the provisions of the Act of September 11, 2011. 2019 – Public Procurement Law.
6.
The district council, taking into account the need for efficient implementation of the tasks referred to in paragraphs 1-2 and the costs of removing and storing vehicles within the given district, shall annually, by resolution, determine the fees referred to in paragraph 5c and the costs referred to in paragraph 2a. The costs referred to in paragraph 2a may not exceed the maximum amount of the vehicle removal fees referred to in paragraph 6a.
6a.
The maximum rates for the fees referred to in paragraph 5c are established:
a) bicycle or moped - for removal - PLN 100; for each day of storage - PLN 15,
b) motorcycle - for removal - PLN 200; for each day of storage - PLN 22,
c) vehiclewith a gross vehicle weight of up to 3.5 t - removal fee - PLN 440; per 24-hour storage fee - PLN 33.
d) vehicle with a gross vehicle weight of over 3.5 t to 7.5 t - removal fee - PLN 550; per 24-hour storage fee - PLN 45.
e) vehicle with a gross vehicle weight of over 7.5 t to 16 t - removal fee - PLN 780; per 24-hour storage fee - PLN 65.
f) vehicle with a gross vehicle weight of over 16 t - removal fee - PLN 1,150; per 24-hour storage fee - PLN 120.
g) vehicle transporting hazardous materials - removal fee - PLN 1,400; per 24-hour storage fee - PLN 180.
h) electric scooter or personal transport device - removal fee - PLN 123; per 24-hour storage fee - PLN 23.
6b.
The maximum fee rates specified in paragraph 6a, applicable in a given calendar year, are changed annually for the following calendar year to a degree corresponding to the consumer price index for the first half of the year in which the rates are changed, compared to the same period of the previous year.
6c.
For each calendar year, the minister responsible for public finances shall publish, by way of a notice in the Official Journal of the Republic of Poland "Monitor Polski," the maximum rates of the fees referred to in paragraph 6a, taking into account the principle set out in paragraph 6b, rounded up to the nearest whole zloty.
6d.
The price index referred to in paragraph 6b, shall be determined on the basis of a notice issued by the President of the Central Statistical Office in the Official Journal of the Republic of Poland, "Monitor Polski," within 20 days of its publication.
6e.
The fees referred to in § 1. 6, constitute the district's own revenue.
7.
(lost power)
8.
A vehicle may be immobilized by using a wheel-blocking device if it is left in a place where it is prohibited, but does not impede traffic or pose a safety hazard.
9.
The vehicle is immobilized by the Police or the municipal (city) guard.
10.
In the cases specified in paragraphs 1 or 2, the district head (starosta) shall file a motion with the court to order its forfeiture to the district if the properly notified owner or authorized person fails to collect the vehicle within 3 months of its removal. The notification shall include instructions on the consequences of failure to collect the vehicle.
10a.
The district head shall submit the application referred to in paragraph 10 no earlier than 30 days after the date of notification.
10b.
If the vehicle removed in the cases specified in paragraphs 1 or 2 is not registered in any European Union Member State, it shall be transferred to the locally competent head of the customs and tax office to regulate its situation in accordance with customs law.
10c.
The provision of paragraph 10 shall not apply if the circumstances indicate that the vehicle was not collected for reasons beyond the control of the owner or authorized person.
10d.
The provision of paragraph 10 shall apply accordingly if the owner or person entitled to collect the vehicle has not been identified within 4 months of its removal, despite due diligence being exercised in searching for them.
10e.
In cases involving the forfeiture of a vehicle, the court shall determine whether all the conditions necessary to order forfeiture have been met, in particular whether the removal of the vehicle was justified and whether due diligence was exercised in searching for the person entitled to collect it, and whether ordering forfeiture would not be contrary to the principles of social coexistence.
10f.
The district governor (starosta) is obligated to enforce a court order forfeiting a vehicle. The order is enforced in the manner and under the terms specified in the Act of June 17, 1966, on Administrative Enforcement Procedure, taking into account the provisions of this Act.
10g.
The entity operating the guarded parking lot, if the vehicle is not collected from the parking lot within the time specified in paragraph 10, notifies the locally competent district head and the entity that issued the vehicle removal order no later than the third day after the expiry of this deadline.
10h.
The costs associated with removing, storing, appraising, selling, or destroying the vehicle, arising from the time the removal order is issued until the end of the proceedings, shall be borne by the person who owns the vehicle on the date the removal order is issued, subject to paragraphs 10d and 10i. The decision to pay these costs shall be made by the district head.
10i.
If, at the time of removal, the vehicle was in the possession of a person possessing it on the basis of a legal title other than ownership, that person is jointly and severally liable for the costs referred to in paragraph 10h.
10j.
The payment deadline for the amounts established by the decision referred to in paragraph 10h is 30 days from the date on which the decision became final. Statutory interest for late payment shall accrue from the day following the payment deadline. These liabilities, together with interest, are subject to enforcement in the manner and under the terms specified in the Act of 17 June 1966 on Administrative Enforcement Procedure.
10k.
The decision referred to in paragraph 10h shall not be issued if 5 years have passed since the court's judgment on the forfeiture of the vehicle became final.
10l.
The enforcement referred to in paragraph 10j, shall not be initiated, and any initiated proceedings shall be discontinued, if 5 years have passed since the date of service of the final decision referred to in § 10h.
10m.
If, in the case referred to in § 140ad, the deposit in the amount of the anticipated fine § 10h, 7, the vehicle is not collected from the parking lot within 30 days of the date of imposition of the fine, the provisions of Section II, Chapter 6 of the Act of 17 June 1966 on Administrative Enforcement Procedure shall apply accordingly.
11.
The Minister of Internal Affairs, guided by the principle of guaranteeing the protection of property rights and the need to ensure order on public roads and road safety, shall determine, by regulation:
1)
the procedure and conditions for cooperation with the Police and other entities authorized to make decisions on the removal of a single-vehicle vehicle.those removing vehicles or operating guarded parking lots;
2)
procedure and conditions for releasing vehicles from parking lots.
3)
(expired)
Art. 130b. Accident Report on Roads on or Off the Trans-European Road Network
1.
The Police is obliged to prepare a report on every road accident resulting in a fatality occurring on a road referred to in Article 24gaApplication of Road Safety Management Regulations, paragraph 1, points 1 and 2 of the Act of 21 March 1985 on Public Roads.
2.
The report referred to in paragraph 1, includes:
1)
the most accurate possible definition of the accident location, including its geographical coordinates obtained via the Global Navigation Satellite System (GNSS);
2)
photos or a diagram of the accident location;
3)
date and time of the accident;
4)
Detailed description of the accident location and circumstances: terrain type, road type, intersection type, including information on traffic lights, number of lanes, road markings, lighting, weather conditions, speed limit, and roadside obstacles;
5)
Information on the consequences of the accident, in particular the number of fatalities and injuries;
6)
Characteristics of the accident participants: age, gender, citizenship, alcohol or drug levels, use or lack of protective equipment;
7)
Data on the vehicles involved in the accident: type, age, protective equipment, and date of the last technical inspection;
8)
information regarding the type and course of the accident, taking into account the maneuvers of the vehicle and driver;
9)
If possible, information regarding the time of arrival of emergency services and receipt of the report.
3.
The Police shall submit the reports referred to in paragraph 1 to the Secretariat of the National Council referred to in Art. 140fSecretariat of the National Road Safety Council, by March 31st of each year, for the previous year.
Art. 131. Regulation on conducting road traffic inspections
1.
The Minister responsible for internal affairs, in consultation with the Minister responsible for transport, taking into account the need to ensure safety and order during the performance of road traffic inspections and their efficient conductThe Ministry of National Roads and Traffic Safety, as well as the need to adequately protect the manner of carrying out tasks related to state security and standardize the documents prepared, will determine, by regulation:
1)
the organization, detailed conditions, and method of conducting road traffic inspections;
2)
the required behavior of the inspected road user;
3)
detailed conditions for carrying out road traffic inspections by persons referred to inArticle 129eof the authorization to carry out road traffic inspections ;
3a)
special conditions for carrying out road traffic inspections of vehicles referred to in Article 73 paragraph 3 , excluding vehicles of the Armed Forces of the Republic of Poland;
4)
detailed conditions for granting authorizations to perform road traffic control;
5)
templates of documents used when carrying out road traffic control.
2.
The Minister of National Defense, taking into account the need to ensure safety and order during road checks and the efficient performance of activities in this respect, in consultation with the ministers responsible for transport and internal affairs, will determine by way of a regulation:
1)
organization, conditions and manner of performing the activities referred to inArticle 129,paragraph 4;
2)
conditions and procedure for cooperation between the Military Police and the Police in matters referred to inArticle 130, paragraph 1,
repealed .
Art. 132. Grounds for retaining a registration certificate (temporary permit)
1.
A police officer, Border Guard officer or Customs and Tax Service officer will retain the registration certificate (temporary permit) in the event of:
1)
a finding or reasonable suspicion that the vehicle:
a) poses a safety hazard, in particular after a road accident in which the essential load-bearing elements of the bodywork, chassis or frame have been damaged,
b) poses a threat to traffic order,
c) violates environmental protection requirements;
2)
it is found that the vehicle was not subjected to a technical inspection within the prescribed period or the inspection date was not set correctly;
3)
a finding that the technical inspection was carried out by an unauthorized entity;
4)
reasonable suspicion that the data concerning the registration certificate (temporary permit) contained in the central register of vehicles does not correspond to the factual situation.
1a.
In the case of a driver of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland, a police officer, a Border Guard officer or an officer of the Customs and Tax Service will retain the registration certificate (temporary permit) in the event of:
1)
a finding or reasonable suspicion that the vehicle:
a) poses a safety hazard, in particular after a road accident in which the essential load-bearing elements of the bodywork, chassis or frame have been damaged,
b) poses a threat to traffic order,
c) violates environmental protection requirements;
2)
it is found that the vehicle was not subjected to a technical inspection within the prescribed period or the inspection date was not set correctly;
3)
confirmation that the registration certificate (temporary permit) has been damaged to the extent that it becomes illegible;
4)
reasonable suspicion of forgery or alteration of the registration certificate (temporary permit);
5)
a finding that the technical inspection was carried out by an unauthorized entity;
6)
failure of the driver to produce a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for this insurance
, if the vehicle is registered in the country referred to in Article 129, paragraph 2, point 8, letter c;
7)
reasonable suspicion that the data contained therein does not correspond to the facts.
1aa.
In relation to the driver of the
vehicle referred to in Article 73, paragraph 3, a police officer, Border Guard officer or Customs and Tax Service officer will retain the registration certificate (temporary permit) in the cases referred to in paragraph 1a, points 1–5 and 7.
1b.
The detention referred to in paragraph 1 is effected by entering information on the detention of the registration certificate (temporary permit) into the central register of vehicles.
1c.
The detention referred to in paragraphs 1a and 1aa shall be effected by detaining the document presented.
2.
If a vehicle registration certificate (temporary permit) is retained, a police officer, Border Guard officer, or Customs and Tax Service officer issues a receipt to the driver. They may authorize the use of the vehicle for a period not exceeding 7 days, specifying the terms of such use on the receipt. A permit cannot be issued in the cases referred to in paragraph 1, point 1, letters a and c, as well as in paragraph 1a, point 1, letters a and c, and point 6.
3.
(repealed)
3a.
The relevant authorities of the Police, Border Guard or the National Tax Administration will notify the competent director of the tax administration chamber of the fact of retaining the registration certificate in the event of a justified suspicion referred to in paragraph 1 point 4, in a situation where it concerns the vehicle's compliance with the technical requirements specified in the provisions of the Act of 11 March 2004 on the tax on goods and services.
4.
In the case specified in paragraph 1, point 1, and if the registration certificate (temporary permit) is found to have been damaged to the extent that it becomes illegible, or if there is reasonable suspicion that the registration certificate (temporary permit) has been forged or tampered with, the registration certificate (temporary permit) will also be seized by the entity authorized to conduct technical inspections. The seized document will be immediately sent to the authority that issued it. The provisions of paragraph 2 shall apply accordingly.
5.
A confiscated document for a vehicle registered abroad, except in the cases specified in paragraph 1a, points 4 and 6, shall be left at a Police, Border Guard, or National Revenue Administration unit for a period of 7 days. After this period, the document shall be forwarded to the representative office of the country where the vehicle is registered.
5a.
A seized vehicle document, as referred to in Article 73, paragraph 3, of the Vehicle Registration Act , shall be immediately sent to the authority that issued it. The seized document shall be returned immediately after the reason justifying its seizure ceases to exist.
6.
After the reason justifying the retention of the registration certificate (temporary permit) ceases to exist and the holder of the retained registration certificate (temporary permit) has provided information on the cessation of this reason and presented the receipt referred to in Article 38, paragraph 1, point 4b, letter b, to the authority that retained the registration certificate (temporary permit) or to the authority that issued it, that authority shall forward to the Central Register of Vehicles information on the return of the retained registration certificate (temporary permit).
6a.
The return of a retained registration certificate (temporary permit) in the cases referred to in paragraph 1 points 1 and 2 may also be made by the body authorized to carry out technical inspections after conducting a technical inspection corresponding to the reason for the retention, and in the case of an incorrectly set date for the technical inspection – after its re-setting, by submitting information about the return to the central register of vehicles.
7.
In the case of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland, the seized document shall be returned immediately after the reason justifying its retention ceases to exist, subject to Article 133 return of seized registration certificate (temporary permit) .
8.
In the case referred to in paragraph 4, the retained document shall be returned immediately after the reason justifying its retention ceases to exist.
On the date of implementation of solutions enabling the application of the provisions of the Act – specified by the minister responsible for computerization in consultation with the minister responsible for internal affairs in a communiqué published in Monitor Polski – Article 132 of the grounds for retaining a registration certificate (temporary permit) will read as follows:
1.
A police officer, Border Guard officer or Customs and Tax Service officer will retain the registration certificate (temporary permit) in the event of:
1)
a finding or reasonable suspicion that the vehicle:
a) poses a safety hazard, in particular after a road accident in which the essential load-bearing elements of the bodywork, chassis or frame have been damaged,
b) poses a threat to traffic order,
c) violates environmental protection requirements;
2)
it is found that the vehicle was not subjected to a technical inspection within the prescribed period or the inspection date was not set correctly;
3)
a finding that the technical inspection was carried out by an unauthorized entity;
4)
reasonable suspicion that the data concerning the registration certificate (temporary permit) contained in the central register of vehicles does not correspond to the factual situation.
1a.
In the case of a driver of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland, a police officer, a Border Guard officer or an officer of the Customs and Tax Service will retain the registration certificate (temporary permit) in the event of:
1)
a finding or reasonable suspicion that the vehicle:
a) poses a safety hazard, in particular after a road accident in which the essential load-bearing elements of the bodywork, chassis or frame have been damaged,
b) poses a threat to traffic order,
c) violates environmental protection requirements;
2)
it is found that the vehicle was not subjected to a technical inspection within the prescribed period or the inspection date was not set correctly;
3)
confirmation that the registration certificate (temporary permit) has been damaged to the extent that it becomes illegible;
4)
reasonable suspicion of forgery or alteration of the registration certificate (temporary permit);
5)
a finding that the technical inspection was carried out by an unauthorized entity;
6)
failure of the driver to produce a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for this insurance
, if the vehicle is registered in the country referred to in Article 129, paragraph 2, point 8, letter c;
7)
reasonable suspicion that the data contained therein does not correspond to the facts.
1aa.
In relation to the driver of the
vehicle referred to in Article 73, paragraph 3, a police officer, Border Guard officer or Customs and Tax Service officer will retain the registration certificate (temporary permit) in the cases referred to in paragraph 1a, points 1–5 and 7.
1b.
The detention referred to in paragraph 1 is effected by entering information on the detention of the registration certificate (temporary permit) into the central register of vehicles.
1c.
The detention referred to in paragraphs 1a and 1aa shall be effected by detaining the document presented.
2.
If a vehicle registration certificate (temporary permit) is retained, a police officer, Border Guard officer, or Customs and Tax Service officer issues a receipt to the driver. They may authorize the use of the vehicle for a period not exceeding 7 days, specifying the terms of such use on the receipt. A permit cannot be issued in the cases referred to in paragraph 1, point 1, letters a and c, as well as in paragraph 1a, point 1, letters a and c, and point 6.
3.
(repealed)
3a.
The relevant authorities of the Police, Border Guard or the National Revenue Administration will notify the competent director of the tax administration chamber of the fact of retaining the registration certificate in the event of a justified suspicion referred to in par. 1 point 4, in a situation where it concerns the vehicle's compliance with the technical requirements specified in the provisions of the Act of 11 March 2004 on the tax on goods and services. (4. In the case referred to in par. 1 point 1, the registration certificate (temporary permit) will also be retained by the entity authorized to conduct technical inspections. The provisions of par. 1b and 2 shall apply accordingly.
5.
A confiscated document for a vehicle registered abroad, except in the cases specified in paragraph 1a, points 4 and 6, shall be left at a Police, Border Guard, or National Revenue Administration unit for a period of 7 days. After this period, the document shall be forwarded to the representative office of the country where the vehicle is registered.
5a.
A seized vehicle document, as referred to in Article 73, paragraph 3, of the Vehicle Registration Act , shall be immediately sent to the authority that issued it. The seized document shall be returned immediately after the reason justifying its seizure ceases to exist.
6.
After the reason justifying the retention of the registration certificate (temporary permit) ceases to exist and the holder of the retained registration certificate (temporary permit) has provided information on the cessation of this reason and presented the receipt referred to in Article 38, paragraph 1, point 4b, letter b, to the authority that retained the registration certificate (temporary permit) or to the authority that issued it, that authority shall forward to the Central Register of Vehicles information on the return of the retained registration certificate (temporary permit).
6a.
The return of the retained registration certificate (temporary permit) in the cases referred to in paragraph 1 points 1 and 2 (and paragraph 4) may also be made by the body authorized to carry out technical inspections after carrying out a technical inspection corresponding to the reason for the retention, and in the case of an incorrectly set date of the technical inspection – after its re-setting, by submitting information about the return to the central register of vehicles.
7.
In the case of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland, the seized document shall be returned immediately after the reason justifying its seizure ceases to exist, subject to Art. 133 return of seized registration certificate (temporary permit) . (8. (repealed)
Article 132a. Grounds for withholding registration documents
1.
The provisions of Article 132, Conditions for the retention of a registration certificate (temporary permit), paragraph 1a, points 1, 3, 4 and 7, shall apply accordingly to the professional registration certificate referred to in Article 80s, Vehicle registration certificate and vehicle registration plates, paragraph 1.
2.
A police officer, Border Guard officer or Customs and Tax Service officer also detains:
1)
professional registration certificate – in the event of the professional registration certificate being used by an unauthorized person;
2)
a blank professional registration certificate – in the case of a test drive with a blank professional registration certificate.
3.
If a professional vehicle registration certificate is seized, a police officer, Border Guard officer, or Customs and Tax Service officer issues a receipt. They may authorize further use of the vehicle for a period of 24 hours, specifying the terms of such use in the receipt. A permit cannot be issued in the cases referred to in paragraph 2, as well as in Article 132, paragraph 1, point 1, letters a and c, of the grounds for seizing a vehicle registration certificate (temporary permit).
4.
The relevant Police, Border Guard or National Tax Administration authority shall immediately send the seized professional registration certificate or the seized blank professional registration certificate to the staroste who issued it.
Art. 133. Return of a retained registration certificate (temporary permit)
1.
In the case specified in Article 132, paragraph 1a, point 6 of the grounds for retaining the registration certificate (temporary permit) , the relevant Police, Border Guard or National Fiscal Administration authority shall return the retained document upon presentation of a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for this insurance.
2.
If the presented document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner shows that the contract was not concluded before the registration certificate was seized, the condition for returning the seized document is an additional payment of a fee for failure to comply with the obligation to conclude an insurance contract specified in separate provisions.
Art. 134. Powers of the Military Police regarding vehicles of the Armed Forces
In relation to vehicles of the Armed Forces of the Republic of Poland and other vehicles driven by soldiers on active military service, the powers and obligations of police officers specified in Article 132, grounds for retaining registration certificates (temporary permits) , paragraphs 1-2 and 5-7, Article 132a , grounds for retaining registration documents , and Article 133, return of retained registration certificates (temporary permits), are also exercised by soldiers of the Military Gendarmerie.
Art. 134a. Powers of the Road Transport Inspection and inspection bodies regarding vehicles performing road transport
In relation to vehicles performing road transport within the meaning of the Act of 6 September 2001 on road transport, as well as in the case of an inspection referred to in art. 129a road inspection performed by inspectors of the Road Transport Inspection , paragraph 1, points 2-4, the powers and obligations of police officers and Police authorities specified in art. 132 grounds for retaining the registration certificate (temporary permit), paragraphs 1-2 and 5-7, art. 132a grounds for retaining registration documents and in art. 133 return of the retained registration certificate (temporary permit) shall also be exercised by inspectors of the Road Transport Inspection and the authorities of this inspection, respectively.
Art. 135. Suspension of driving license
1.
Policeman:
1)
will retain a driving license issued in Poland against receipt in the event of:
a) reasonable suspicion that the driver is in a state of intoxication or under the influence of alcohol or a substance having a similar effect to alcohol,
b) when the driving license has expired,
c) the driver has exceeded 24 points for violating road traffic regulations within a period of 5 years from the date of issuance of the referral to a re-education course referred to in Art . 99, paragraph 1, item 4, letter a of the Act of 5 January 2011 on vehicle drivers,
d) the driver has exceeded 20 points for violating road traffic regulations within a period of 1 year from the date of first issue of the driving license or it has been established, on the basis of final decisions, that within a period of 2 years from the date of first issue of the driving license he has committed an offence against road safety or three offences specified in Art. 86 causing a threat to road traffic safety § 1, 1a or 2, Art. 86b infringement of road traffic regulations by a driver of a motor vehicle § 1, Art. 87 driving a vehicle under the influence of alcohol or a similarly acting substance § 1, Art. 92a failure to comply with the speed limit by the driver § 2, Art. 92b violation of the overtaking ban , Art. 97a violation of prohibitions regarding driving across railway tracks or Art. 98 failure to exercise due caution by the vehicle driver on internal roads of the Act of 20 May 1971 - Code of Petty Offences (Journal of Laws of 2023 item 2119),
e) finding the lack of the document referred to in Art. 38 documents required from the vehicle driver § 1 item 3a or 4a, or driving a vehicle not equipped with an alcohol interlock in the case referred to in Art. 13 periods of validity of the driving license and requirements and limitations in the driving license , section 5 point 7 of the Act of 5 January 2011 on vehicle drivers,
f) committing three minor offences against road safety or one crime against road safety during the probationary period referred to in art. 91 of the probationary period of the Act of 5 January 2011 on vehicle drivers;
2)
will confiscate a driving license issued in Poland against receipt in the event of an act involving:
a) driving a vehicle at a speed exceeding the speed limit by more than 50 km/h in a built-up area, or
b) transporting persons in a number exceeding the number of seats specified in the registration certificate (temporary permit) or resulting from the structural purpose of the vehicle not subject to registration; the provision does not apply to the transport of persons by bus in public collective transport in municipal, district and provincial passenger transport within the meaning of the Act of 16 December 2010 on public collective transport (Journal of Laws of 2023, item 2778), provided that the vehicle provides standing spaces;
2a)
will retain a driving licence issued in the country against receipt if a roadside check reveals that a driver carrying out road transport to which the provisions 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) 2135/98 and repealing Council Regulation (EEC) No 3820/85 apply (OJ L 102, 11.04.2006, p. 1, as amended) or the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), done at Geneva on 1 July 1970, has, during the current daily driving time, carried out such transport using a vehicle fitted with a tachograph:
a) contrary to the obligation to record using the tachograph on the the record sheet or driver card, indications regarding the speed of the vehicle, driver activity or distance travelled,
b) using someone else’s driver card, using at least two of your own driver cards, using someone else’s record sheet, using several record sheets simultaneously,
c) using an unauthorised device, object or modified software enabling or causing the falsification or modification of data recorded by the tachograph,
d) if the tachograph has been disconnected;
3)
may retain a driving licence issued in the country against receipt in the event of a justified suspicion that the driver has committed a crime or offence for which a driving ban may be imposed.
2.
The provision of paragraph 1 point 2 letter b shall not apply if the number of persons transported in the manner referred to in this provision does not exceed:
1)
5 – when transported by bus;
2)
2 – when transported by passenger car, truck or trailer pulled by an agricultural tractor or slow-moving vehicle.
3.
The provision of paragraph 1 point 2 shall not apply if the vehicle driver committed the infringement referred to in this provision, acting in order to avert an immediate danger threatening an asset protected by law, if this danger could not have been avoided otherwise and the sacrificed asset in the form of road safety was of lower value than the asset saved.
4.
A receipt for the suspension of a driving licence for the reasons referred to in paragraph 1, point 1, letter b and point 3, entitles the holder to drive a vehicle within 7 days.
5.
A receipt for the seizure of a driving licence for the reasons referred to in paragraph 1, point 1, letters c and f, and points 2 and 2a, entitles the holder to drive a vehicle within 24 hours from the time of seizure.
6.
In the case referred to in paragraph 1 point 1 letter e, in the absence of the document referred to in art. 38 documents required from the driver of the vehicle paragraph 1 point 3a or 4a, the staroste shall issue the confiscated driving license by entering information on the return into the central register of drivers, after presenting the missing document.
Art. 135a. Suspension of a driving license issued by a country other than the Republic of Poland
1.
Policeman:
1)
will retain a driving licence issued by a country other than the Republic of Poland against receipt in the event of:
a) reasonable suspicion that the driver is in a state of intoxication or under the influence of alcohol or a substance having a similar effect to alcohol,
b) finding that the driving licence is damaged to the extent that it becomes illegible,
c) suspicion that the driving licence is forged or altered,
d) when the validity period of the driving licence has expired,
e) when a decision or order to withhold the driving licence has been issued in relation to the driver,
f) when a driving ban has been imposed on the driver or a decision has been issued to withdraw the right to drive,
g) the driver has exceeded the number of 24 driving points for violating road traffic regulations within a period of 5 years from the issuance of a referral to a re-education course referred to in Art. 99 referral for a check-up of qualifications, medical examination, psychological examination or re-education course par. 1 item 4 lit. and the Act of 5 January 2011 on Vehicle Drivers,
h) the vehicle driver has exceeded 20 points for violating road traffic regulations within a period of 1 year from the date of first issue of the driving license or it has been established, on the basis of final decisions, that within a period of 2 years from the date of first issue of the driving license he has committed an offence against road safety or three offences specified in Art. 86 causing a threat to road traffic safety § 1, 1a or 2, Art. 86b infringement of road traffic regulations by a motor vehicle driver § 1, Art. 87 driving under the influence of alcohol or a similarly acting substance § 1, Art. 92a failure to comply with the speed limit by the vehicle driver § 2, Art. 92b violation of the overtaking ban , Art. 97a violation of prohibitions regarding driving across railway tracks or Art. 98 failure to exercise due caution by the vehicle driver on internal roads of the Act of 20 May 1971 - Code of Petty Offences,
i) finding the lack of a document referred to in Art. 38 documents required from the vehicle driver, paragraph 1, point 3a or 4a, or driving a vehicle not equipped with an alcohol interlock in the case referred to in Art. 13 periods of validity of the driving license and requirements and restrictions in the driving licensesection 5 item 7 of the Act of 5 January 2011 on vehicle drivers,
j) committing three minor offences against road safety or one crime against road safety during the probation period referred to in art. 91 of the probation period of the Act of 5 January 2011 on vehicle drivers;
2)
will confiscate a driving license issued by a country other than the Republic of Poland against receipt in the event of discovering an act consisting in:
a) driving a vehicle at a speed exceeding the speed limit by more than 50 km/h in a built-up area, or
b) transporting persons in a number exceeding the number of seats specified in the registration certificate (temporary permit) or resulting from the structural purpose of the vehicle not subject to registration; the provision does not apply to the transport of persons by bus in public collective transport in municipal, district and provincial passenger transport within the meaning of the Act of 16 December 2010 on public collective transport, provided that the vehicle provides standing places;
2a)
will retain a driving licence issued by a country other than the Republic of Poland against receipt if it is discovered during a roadside check that a driver performing road transport to which the provisions 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) 2135/98 and repealing Council Regulation (EEC) No 3820/85 or the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), concluded at Geneva on 1 July 1970, apply, during the current daily driving time performed that transport using a vehicle fitted with a tachograph:
a) contrary to the obligation to do so, by failing to record, using the tachograph on the record sheet or driver card, indications regarding the vehicle’s speed, driver activity or distance travelled,
b) using someone else’s driver card, using at least two of his/her own driver cards, using someone else's record sheet, using several record sheets at the same time,
c) using an unauthorised device, object or modified software enabling or causing the falsification or modification of data recorded by the tachograph,
d) if the tachograph has been disconnected;
3)
may retain a driving licence issued by a country other than the Republic of Poland against receipt in the event of a justified suspicion that the driver has committed a crime or offence for which a driving ban may be imposed.
2.
The provision of paragraph 1 point 2 letter b shall not apply if the number of persons transported in the manner referred to in this provision does not exceed:
1)
5 – when transported by bus;
2)
2 – when transported by passenger car, truck or trailer pulled by an agricultural tractor or slow-moving vehicle.
3.
The provision of paragraph 1 point 2 shall not apply if the vehicle driver committed the infringement referred to in this provision, acting in order to avert an immediate danger threatening an asset protected by law, if this danger could not have been avoided otherwise and the sacrificed asset in the form of road safety was of lower value than the asset saved.
4.
The driver referred to in Article 136, paragraph 3, is obligated to provide the road traffic control authority with a delivery address. If no delivery address is provided, the provisions of Article 40 , paragraphs 4 and 5 of the Code of Administrative Procedure, shall apply , and the driver shall be informed of this.
5.
A receipt for the suspension of a driving licence for the reasons referred to in paragraph 1, point 1, letters b–d and point 3, entitles the holder to drive a vehicle within 7 days.
6.
A receipt for the seizure of a driving licence for the reasons referred to in paragraph 1 point 1 letters g and j, as well as points 2 and 2a, entitles the holder to drive a vehicle within 24 hours from the moment of the seizure, and in the case referred to in art. 136 paragraph 3, the transfer of the seized driving licence by the Police to other authorities – within 72 hours.
7.
In the case referred to in paragraph 1 point 1 letter i, in the absence of the document referred to in art. 38 documents required from the driver of the vehicle paragraph 1 point 3a or 4a, the staroste shall issue the confiscated driving license upon presentation of the document.
Art. 135b. Procedure for suspending a driving license
1.
The suspension of a driving licence issued in the country takes place by entering information about the suspension into the central register of drivers immediately after the occurrence of the conditions specified in Article 135, paragraph 1, of the driving licence suspension .
2.
The suspension of a driving license issued by a country other than the Republic of Poland takes place by seizing the presented document immediately after the occurrence of the conditions specified in Article 135a, the suspension of a driving license issued by a country other than the Republic of Poland, paragraph 1,
Article 135b, the procedure for the suspension of a driving license on the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the Ministry of Justice by the minister responsible for computerization in consultation with the minister responsible for transport – will read as follows:
1.
The suspension of a driving licence issued in the country or a temporary electronic driving licence shall be effected by entering information about the suspension into the central register of drivers immediately after the occurrence of the conditions specified in Article 135, paragraph 1, of the driving licence suspension .
2.
A driving license issued by a country other than the Republic of Poland shall be suspended by seizing the document presented immediately upon the occurrence of the conditions specified in Article 135a, paragraph 1. 3. If, according to the data collected in the Central Register of Drivers, the person holds a valid driving license and a valid temporary electronic driving license, the authority competent in matters relating to driving licenses shall provide information on the suspension of that driving license. Transmitting data on the suspension of the driving license to the Central Register of Drivers shall result in the simultaneous automatic suspension of the temporary electronic driving license.
Art. 135c. Retention by a police officer of an invalidated driver qualification card
The police officer will retain the driver qualification card against receipt if it is invalidated.
Art. 136. Transfer of a confiscated driving license by the Police to other authorities
1.
In the case referred to in Article 135b , paragraph 1, the Police shall immediately, but no later than within 7 days from the date of the driving license seizure, notify the court competent to hear the petty offence case, the prosecutor or the district governor about the seizure of the driving license.
2.
In the case referred to in art. 135b procedure for seizure of driving license sec. 2, the seized document, except for the case specified in art. 135a seizure of driving license issued by a country other than the Republic of Poland sec. 1 point 1 letter c, shall be transferred by the Police immediately, but no later than within 7 days from the date of seizure of the document, according to its jurisdiction, to the court authorized to hear the petty offense case, the prosecutor or the staroste.
3.
If a driving license was issued by a country other than the Republic of Poland and the driver does not reside in its territory, the driving license shall be immediately surrendered to the district head responsible for the location of the road traffic violation. The district head shall immediately forward the confiscated driving license to the appropriate authority of the country where it was issued.
4.
If a blood or urine test is performed to assess sobriety or the content of a substance with an effect similar to alcohol:
1)
in the case referred to in Article 135b, paragraph 1, the procedure for the suspension of the driving license , information on the suspension of the driving license shall be provided together with the result of this examination; however, if the result of this examination is not obtained within 30 days from the date of the suspension of the driving license, information on its return shall be immediately entered into the Central Register of Drivers;
2)
in the case referred to in Article 135b , paragraph 2, the driving license shall be handed over together with the result of the examination; however, if the result of the examination is not obtained within 30 days from the date of the driving license being seized, it shall be immediately returned to the owner.
5.
In the case referred to in art. 135c, where a police officer retains a cancelled driver qualification card , the Police shall immediately transfer the retained driver qualification card, no later than within 7 days from the date of retention of the card, to the staroste who issued it.
Art. 136 , where the Police transfer a retained driving license to other authorities as of the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the MP by the minister responsible for computerization in consultation with the minister responsible for transport – shall read as follows: 1. In the case referred to in art. 135b, paragraph 1, the Police shall transfer information on the retention of a driving license or temporary electronic driving license to the central register of drivers and, in accordance with its jurisdiction:
1)
to the court authorized to hear the case of a petty offence or to the prosecutor – immediately, but no later than within 7 days from the date of confiscation of the driving license or temporary electronic driving license – in writing, recorded in paper or electronic form;
2)
to the staroste – immediately, but no later than on the day the driving license or temporary electronic driving license is suspended. 1a. The information referred to in par. 1 point 2 shall be transmitted to the staroste via the IT system supporting the central register of drivers by making it automatically available for downloading via an IT system enabling the performance of the tasks of the authorities competent to issue documents confirming the right to drive vehicles, referred to in art . 16a par. 1 of the Act of 5 January 2011 on vehicle drivers.
2.
In the case referred to in art. 135b procedure for seizure of driving license sec. 2, the seized document, except for the case specified in art. 135a seizure of driving license issued by a country other than the Republic of Poland sec. 1 point 1 letter c, shall be transferred by the Police immediately, but no later than within 7 days from the date of seizure of the document, according to its jurisdiction, to the court authorized to hear the petty offense case, the prosecutor or the staroste.
3.
If a driving license was issued by a country other than the Republic of Poland and the driver does not reside in its territory, the driving license shall be immediately surrendered to the district head responsible for the location of the road traffic violation. The district head shall immediately forward the confiscated driving license to the appropriate authority of the country where it was issued.
4.
If a blood or urine test is performed to assess sobriety or the content of a substance with an effect similar to alcohol:
1)
in the case referred to in Article 135b, paragraph 1, the procedure for the suspension of the driving license , information on the suspension of the driving license shall be provided together with the result of this examination; however, if the result of this examination is not obtained within 30 days from the date of the suspension of the driving license, information on its return shall be immediately entered into the Central Register of Drivers;
2)
in the case referred to in Article 135b , paragraph 2, the driving license shall be handed over together with the result of the examination; however, if the result of the examination is not obtained within 30 days from the date of the driving license being seized, it shall be immediately returned to the owner.
5.
In the case referred to in Art. 135c, where a police officer retains an invalidated driver qualification card , the Police shall immediately, but no later than within 7 days from the date of the card's retention, forward the retained driver qualification card to the staroste who issued it.
Art. 137. Issuing a decision to suspend a driving license
1.
The decision to withhold the driving license, in the cases specified in art. 135 withholding of driving license , paragraph 1 point 1 letter a and point 3, and in art. 135a withholding of driving license issued by a country other than the Republic of Poland , paragraph 1 point 1 letter a and point 3, shall be issued within 14 days from the date of receipt of information on the withholding of the driving license or from the date of receipt of the driving license, respectively:
1)
the prosecutor - during the preparatory proceedings, and the court - after the case has been referred to the court;
2)
in a petty offence case - the court having jurisdiction to hear the case.
2.
The relevant staroste shall be notified of the issuance of a decision to suspend a driving licence.
3.
The decision to suspend a driving license may be appealed.
4.
If no decision on the suspension of the driving licence has been issued, the decision on the return of the suspended driving licence shall be issued by:
1)
the prosecutor, notifying the authority that seized the driving license;
2)
court, and in the case of a driving licence issued in the country, the court notifies the authority that issued the driving licence about the decision.
5.
The decision to return a confiscated driving licence shall be delivered to its owner.
6.
The return of a suspended driving license issued in the country is effected by entering information about the return into the central register of drivers:
1)
by the authority that detained it – after receiving notification of the prosecutor’s decision to return the detained driving licence or after presenting this decision;
2)
by the authority that issued it – after receiving notification of the court’s decision to return the confiscated driving license or after presenting this decision.
Art. 138. Repealed
Art. 139. Appropriate application of the provisions of the Act regarding driving licenses issued in the country
1.
The provisions of Article 135 on the suspension of a driving licence and Articles 135b–137 concerning a driving licence issued in Poland shall apply accordingly to the permit to drive a tram.
2.
The provision of Article 135 on the suspension of a driving license does not apply to heads and foreign staff of diplomatic missions, consular offices of foreign countries and special missions and international organizations enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognized international customs or on the basis of reciprocity, as well as to other persons enjoying these privileges and immunities.
3.
In relation to soldiers on active military service and other persons driving vehicles of the Armed Forces of the Republic of Poland, the powers and obligations of police officers specified in Article 135 , Confinement of Driving License , paragraph 1, Article 135a, Confinement of Driving License Issued by a State Other than the Republic of Poland, paragraph 1, Article 135b, Procedure for Confinement of Driving License , Article 136 , Transfer of Confined Driving License by the Police to Other Authorities , paragraphs 1 and 2, and Article 137, Issuance of an Order on Confinement of Driving License , paragraph 6, point 1, are also exercised by soldiers of the Military Gendarmerie.
4.
In the case of the control referred to in art. 129a roadside check performed by inspectors of the Road Transport Inspection par. 1, the powers and obligations of police officers specified in art. 135 confiscation of driving license par. 1, art. 135a confiscation of driving license issued by a country other than the Republic of Poland par. 1, art. 135b procedure for confiscating driving licenses , art. 135c confiscation of invalidated driver qualification card by a police officer , art. 136 transfer of confiscated driving license by the Police to other authorities par. 1, 2 and 5, and art. 137 issuing a decision on confiscating driving license par. 6 point 1 are also carried out by inspectors of the Road Transport Inspection in relation to vehicle drivers.
Art. 139 the appropriate application of the provisions of the Act concerning driving licenses issued in the country as of the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the Ministry of National Defence by the minister responsible for computerization in consultation with the minister responsible for transport – shall read as follows:
1.
The provisions of Article 135 on the suspension of a driving licence and Articles 135b–137 concerning a driving licence issued in Poland shall apply accordingly to the permit to drive a tram.
2.
The provision of Article 135 on the suspension of a driving license does not apply to heads and foreign staff of diplomatic missions, consular offices of foreign countries and special missions and international organizations enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognized international customs or on the basis of reciprocity, as well as to other persons enjoying these privileges and immunities.
3.
In relation to soldiers on active military service and other persons driving vehicles of the Armed Forces of the Republic of Poland, the powers and obligations of police officers specified in Article 135 , Confinement of Driving License , paragraph 1, Article 135a, Confinement of Driving License Issued by a State Other than the Republic of Poland, paragraph 1, Article 135b, Procedure for Confinement of Driving License , Article 136 , Transfer of Confined Driving License by the Police to Other Authorities , paragraphs 1 and 2, and Article 137, Issuance of an Order on Confinement of Driving License , paragraph 6, point 1, are also exercised by soldiers of the Military Gendarmerie.
4.
In the case of the control referred to in art. 129a roadside check performed by inspectors of the Road Transport Inspection par. 1, the powers and obligations of police officers specified in art. 135 confiscation of driving license par. 1, art. 135a confiscation of driving license issued by a country other than the Republic of Poland par. 1, art. 135b procedure for confiscating driving licenses , art. 135c confiscation of an invalidated driver qualification card by a police officer , art. 136 transfer of a confiscated driving license by the Police to other authorities par. 1, 2 and 5, and art. 137 issuance of an order to confiscate driving license par. 6 point 1 are also carried out in relation to drivers of vehicles by inspectors of the Road Transport Inspection. 5. The provisions of art. 130a removing the vehicle from the road at the expense of the owner par. 1 point 6, art. 135 confiscation of driving license par. 1 point 1 lit. and, points 2, 2a and 3, points 4 and 5, art. 136 transfer of a confiscated driving licence by the Police to other authorities , point 4, point 1 and art. 137 issuing a decision to confiscate a driving licence concerning a driving licence issued in the country shall apply accordingly to a temporary electronic driving licence.
Art. 140. Repealed
Art. 140a. Repealed
Article 140aa. Administrative decision to impose a fine
1.
For the passage of non -
standard vehicles on public roads without the permit referred to in Article 64 , paragraph 1, point 1, or in breach of the conditions specified for such a permit, a fine shall be imposed by way of an administrative decision.
1a.
In case of absence:
1)
the required number of vehicles performing escorting,
2)
required equipment or markings of the vehicle performing the escort,
3)
required training referred to in Art. 6, paragraph 3a, entities authorized to give signs and signals to traffic participants , by the pilot
- a fine is imposed by way of an administrative decision.
2.
The administrative decision to impose a fine referred to in paragraphs 1 and 1a is issued by the Police authority, Road Transport Inspectorate, Border Guard, head of the customs and tax office or road manager competent for the place of the inspection.
3.
The financial penalty referred to in paragraph 1 shall be imposed on:
1)
the entity performing the journey;
2)
an entity performing loading operations, if it performed these operations in a way that caused any of the dimensions, axle loads or total weight of the vehicle or vehicle combination to be exceeded in relation to the permissible values ​​or values ​​specified in the permit referred to in Art . 64 , paragraph 1, point 1, if the circumstances or evidence indicate that this entity had an influence on or consented to the occurrence of the infringement specified in paragraph 1;
3)
an entity performing activities other than those listed in point 2 related to the transport of an oversized vehicle, in particular a transport organizer, consignor, recipient or forwarder, if circumstances or evidence indicate that this entity had an influence on or consented to the occurrence of the infringement referred to in point 1.
3a.
The financial penalty referred to in paragraph 1a shall be imposed on:
1)
entity performing the journey – in the case referred to in paragraph 1a point 1;
2)
entity performing piloting – in the case referred to in paragraph 1a points 2 and 3.
3b.
The penalty referred to in par. 1 for the passage of a non-standard vehicle without a category V permit or with exceeded technical parameters of the vehicle indicated in this permit, in terms of the permissible load of a single driving axle, shall not be imposed if the inspector found a simultaneous violation of the prohibition referred to in art. 41 types of roads on which vehicles with a specific permissible load of a single driving axle can travel , par. 2 or art. 41a section 1 of the Act of 21 March 1985 on public roads, or exceeding the permissible load of a single driving axle, referred to in Art . 41b, section 1 or 3 of that Act.
4.
Proceedings to impose a fine, referred to in paragraph 1 and paragraph 1a point 1, against the entity performing the journey shall not be initiated, and the proceedings initiated in this case shall be discontinued if:
1)
the circumstances of the case and the evidence indicate that this entity:
a) exercised due diligence in carrying out the activities related to the journey,
b) had no influence on the occurrence of the infringement, or
2)
the actual total weight of the oversized vehicle does not exceed the permissible value or the value specified in the permit referred to in Article 64, paragraph 1, point 1, and the excess applies only to the axle load of the vehicle in the case of transporting bulk cargo and timber.
5.
No proceedings shall be initiated to impose a financial penalty, referred to in paragraph 1, against an entity performing the journey or other activities related to the road journey of vehicles of the Armed Forces of the Republic of Poland.
6.
In the event of detection of non-standard vehicles belonging to the Armed Forces of the Republic of Poland being driven on public roads without a permit or in breach of the conditions specified for such a permit, the control authority referred to in paragraph 2 shall notify the territorially competent Military Police authority for the place where the inspection was carried out.
7.
The Military Police authority referred to in paragraph 6 shall submit a request to the commander of the military unit organizing the road crossing or to his superior to initiate disciplinary proceedings, under the principles specified in the Act of 11 March 2022 on the Defense of the Homeland (Journal of Laws of 2024, items 248 and 834).
Art. 140ab. Amount of the fine
1.
The financial penalty referred to in Article 140aa of the Administrative Decision on the Imposition of a Financial Penalty, paragraph 1, shall be set at the following amount:
PLN 500 – for lack of a category I permit;
PLN 5,000 – for lack of a permit for categories II–IV;
for lack of a category V permit:
PLN 6,000 – when the load on one or more axles, the actual total weight or the dimensions of the vehicle exceed the permissible values ​​by no more than 10%;
PLN 10,000 – when the load on one or more axles, the actual total weight or the dimensions of the vehicle exceed the permissible values ​​by more than 10% and not more than 20%;
PLN 15,000 – in other cases;
PLN 5,000 – for the passage of an oversized vehicle over a bridge or viaduct without a confirmed notification to the road administrator, referred to in Art. 64c, category III–VI permit for the passage of an oversized vehicle, paragraph 9;
PLN 3,000 – for the passage of an oversized vehicle over a bridge or viaduct contrary to the conditions specified by the road administrator, referred to in Art. 64c, category III–VI permit for the passage of an oversized vehicle, paragraph 9;
PLN 6,000 – for the passage of an oversized vehicle over a bridge or viaduct in the event of an objection raised by the road administrator, referred to in Article 64c , paragraph 10;
PLN 2,000 – for failure to meet the travel conditions specified for the category V permit or specified in this document, other than the technical parameters of the vehicle or vehicle combination.
2.
In the event of violation of the prohibition referred to in Article 64, paragraph 2, the same penalty shall be imposed for driving an oversized vehicle as for driving without a permit
.
3.
The financial penalty referred to in Article 140aa of the Administrative Decision on the Imposition of a Financial Penalty, paragraph 1a, shall be set at the following amount:
PLN 3,000 – for not having the required number of escort vehicles;
PLN 2,000 – for lack of the required equipment or marking of the vehicle performing the escort;
PLN 2,000 – for lack of the required training referred to in Article 6, paragraph 3a.
Art. 140ac. Appeal against a decision imposing a fine
1.
The decision to impose a financial penalty referred to in Article 140aa , administrative decision to impose a financial penalty , paragraphs 1 and 1a, may be appealed against to the body superior to the body that imposed the penalty, within 14 days of the date of service of the decision.
2.
A final decision is enforceable 30 days after its delivery, unless its enforcement has been stayed. The supervisory authority that issued the final decision shall, ex officio, stay its enforcement by issuing a non-appealable order if a complaint is filed with an administrative court.
3.
The fine is paid by bank transfer to the bank account specified in the decision. The costs associated with the transfer are borne by the obligated entity.
4.
The financial penalty referred to in paragraph 2 is subject to compulsory collection in accordance with the provisions of the Act of 17 June 1966 on enforcement proceedings in administration.
5.
The obligation to pay the fine referred to in paragraph 2 shall expire after 5 years from the end of the calendar year in which the fine should have been paid.
Art. 140ad. Bail in the amount of the anticipated fine
1.
If during an inspection, an infringement referred to in Article 140aa of the Administrative Decision on the Imposition of a Fine , paragraph 1, is found by a foreign entity established in a country with which the Republic of Poland is not bound by an agreement on the mutual enforcement of fines, the person conducting the inspection collects a deposit in the amount corresponding to the expected fine.
2.
The deposit is collected:
1)
during a roadside check - in cash, upon receipt on a pre-paid form, or by payment card;
2)
at a later date – in the form of a transfer to a separate bank account of the body conducting the administrative proceedings in the case of imposing a penalty, and in the case of collecting a deposit by the head of the customs and tax office – to a separate bank account of the tax office specified in separate provisions, with the costs of transfers being borne by the obligated entity.
3.
The deposit is kept in a non-interest-bearing bank account referred to in paragraph 2 point 2. The costs associated with paying the deposit by transfer to a bank account or by payment card - related to the authorization of the transaction and the transfer of funds to the appropriate bank account - are covered by the obligated entity.
4.
The deposit is transferred to:
1)
to the bank account specified in the decision imposing the penalty, within the time limit referred to in Article 140, paragraph 2, or
2)
to the bank account of the entity that paid it, within 7 days from the date on which the decision or ruling annulling the decision to impose a financial penalty becomes final.
5.
If the amount of the fine imposed is lower than the amount of the deposit collected, the provisions of paragraph 4, point 2 shall apply accordingly to the resulting difference.
6.
Liability for damage caused by the movement of oversized vehicles rests with the person driving the oversized vehicle.
7.
If during an inspection an infringement referred to in art. 140aa administrative decision imposing a fine par . 1 or 1a is found by the entity referred to in par. 1, the person carrying out the road inspection shall retain, against receipt, the documents concerning the passage of the oversized vehicle and the registration certificate (temporary permit) of the vehicle and remove the vehicle, at the expense of the entity carrying out the passage of the oversized vehicle, to the guarded parking lot referred to in art. 130a removing the vehicle from the road at the expense of the owner par. 5c, and if due to the dimensions or weight of the vehicle it is impossible to place the vehicle in this parking lot – to another, if possible, nearest guarded parking lot, if:
1)
no deposit was collected or
2)
the identified violation has not been removed.
Art. 140ae. Allocation of proceeds from fines
1.
The financial penalties referred to in Article 140aa of the administrative decision to impose a financial penalty , paragraphs 1 and 1a, shall be transferred to the budgets of local government units or to a separate bank account of the General Directorate for National Roads and Motorways, as appropriate.
2.
Funds from fines collected in a separate bank account of the General Directorate for National Roads and Motorways are transferred within the first 2 business days after the week in which they were received to the account of the National Road Fund, for the purpose of construction or reconstruction of national roads, road engineering structures and ferry crossings, as well as for the purchase of vehicle weighing devices.
3.
Customs and tax offices receive a commission on collected fines in the amount of 12% of the fine imposed.
4.
The commission referred to in paragraph 3 constitutes state budget income.
4a.
Provincial road transport inspectorates receive a commission on collected fines, equal to 12% of the imposed fine. This commission is a contribution from the Bus Transport Development Fund, referred to in the Act of 16 May 2019 on the Public Utility Bus Transport Development Fund (Journal of Laws of 2024, item 402).
5.
Customs and tax offices and provincial road transport inspectorates deduct a commission from the fines and transfer the remaining part of the fine, within 4 days after the expiry of each subsequent 10 days of the month, to the entities listed in paragraph 1, as appropriate.
Art. 140af. Proceeds from fines and penalties
1.
The fines referred to in art. 96 admission to driving a vehicle contrary to the provisions of the law § 3 of the Act of 20 May 1971 - Code of Petty Offences, collected by the Road Transport Inspection authorities, imposed on the owner or keeper of the vehicle, referred to in art. 78 documents provided to the buyer upon sale of the vehicle § 4 and 5 of the Act, constitute the proceeds of the Fund for the Development of Public Utility Bus Transport, referred to in the Act of 16 May 2019 on the Fund for the Development of Public Utility Bus Transport.
2.
The fines
referred to in art. 49 § 1 and 2 of the Act of 24 August 2001 - Code of Procedure in Petty Offences, collected by the Road Transport Inspection authorities, imposed on persons referred to in art. 78 § 4 and 5 of the Act, constitute the proceeds of the Fund for the Development of Public Utility Bus Transport, referred to in the Act of 16 May 2019 on the Fund for the Development of Public Utility Bus Transport.
Article 140ag. Allocation of fines imposed for violations of the provisions of the Act
1.
The fines referred to in Art. 86 causing a threat to road traffic safety , Art. 86b infringement of road traffic regulations by a driver of a motor vehicle , Art. 87 driving a vehicle under the influence of alcohol or a similarly acting substance , Art. 90 obstructing or hindering traffic on a public road, in a residential zone or traffic zone , Art. 92 failure to comply with road signs, road signals or instructions of a traffic controller , Art. 92a failure to comply with the speed limit by a vehicle driver § 2, Art. 92b violation of the overtaking ban , Art. 94 driving a vehicle without a license or driving a vehicle not admitted to traffic § 1-2, Art. 96 allowing a vehicle to be driven contrary to the provisions of the law § 1 points 2 and 3 and Art. 97a violating prohibitions on crossing railway tracks of the Act of 20 May 1971 – the Code of Petty Offences, constitute the revenue of the National Road Fund.
2.
The competent head of the tax office and the Chief Inspector of Road Transport shall transfer the amounts of the fines referred to in paragraph 1 within the first two business days after the end of the week in which they were received to the account of the National Road Fund for the purpose of financing:
1)
investment tasks related to improving road safety on national roads;
2)
construction or reconstruction of national roads.
Art. 140b. National Road Safety Council
1.
The National Road Safety Council, hereinafter referred to as the "National Council", is hereby established.
2.
The National Council operates under the minister responsible for transport as an inter-ministerial subsidiary body of the Council of Ministers in matters of road safety.
Art. 140c. Tasks of the National Road Safety Council
1.
The National Council determines directions and coordinates the activities of the government administration in matters of road safety.
2.
The tasks of the National Council in the field of improving road safety include in particular:
1)
proposing directions of state policy;
2)
developing road safety improvement programmes based on proposals presented by the relevant ministers and assessing their implementation;
3)
initiating scientific research;
4)
initiating and reviewing draft legal acts and international agreements;
5)
initiating the training of public administration personnel;
6)
initiating foreign cooperation;
7)
cooperation with relevant social organizations and non-governmental institutions;
8)
initiating educational and information activities;
9)
analyzing and evaluating the actions taken;
10)
determining, at least once every three years, the average socio-economic cost of a road accident in which a person is killed and the average socio-economic cost of a road accident in which a person is injured within the meaning of Article 156 § 1 or Article 157 § 1 of the Act of 6 June 1997 - Penal Code (Journal of Laws of 2024, item 17), occurring on the roads referred to in Art. 24ga , application of the provisions on road safety management , paragraph 1, points 1 and 2 of the Act of 21 March 1985 on public roads.
3.
When determining the average socio-economic cost of road accidents referred to in paragraph 2 point 10, the following shall be taken into account:
1)
loss of productivity due to deaths and injuries in road accidents;
2)
costs of treatment and rehabilitation of road accident victims;
3)
administrative costs of road accidents;
4)
material losses resulting from road accidents.
Art. 140d. Composition of the National Road Safety Council
The National Council consists of:
1)
Chairman - minister responsible for transport;
2)
Deputy Chairman:
a) secretary or undersecretary of state in the ministry responsible for internal affairs,
b) secretary or undersecretary of state in the ministry responsible for transport;
3)
secretary of the National Council appointed by the minister responsible for transport;
4)
members of the National Council appointed by: the Prime Minister from among the voivodes, the Minister of National Defence, the Minister of Justice and the ministers responsible for: public administration, budget, public finances, economy, construction, spatial planning and development and housing, climate, education and upbringing, environment, transport, internal affairs, labour, as well as the Chief Commander of the Police, the Chief Commander of the Fire Service, the General Director for National Roads and Motorways.
Art. 140e. Chairman of the National Road Safety Council
1.
The Chairman of the National Council directs its work and represents it externally.
2.
The Chairman of the National Council receives from ministers and other bodies whose representatives are members of the National Council:
1)
reports and information on the implementation of tasks specified in road safety programmes;
2)
information on the state of road safety, in particular information enabling the determination of the average socio-economic cost of accidents referred to in Article 140c of the tasks of the National Road Safety Council, paragraph 2, point 10.
3.
The Chairman of the National Council submits an annual report to the Council of Ministers by the end of March on the state of road safety and actions taken in this area.
4.
The Prime Minister submits an annual report to the Sejm, Senate and President by the end of April on the state of road safety and actions taken in this regard.
Art. 140f. Secretariat of the National Road Safety Council
1.
The National Council performs its tasks with the assistance of the National Council Secretariat.
2.
The Secretariat of the National Council operates as an internal organizational unit of the minister responsible for transport.
3.
The detailed organisation and procedure of the National Council's work are specified in the regulations adopted by way of a resolution at the first meeting of the National Council.
Art. 140g. Provincial Road Safety Council
1.
The Provincial Road Safety Council is hereby established, hereinafter referred to as the "Provincial Council".
2.
The Voivodeship Council operates under the voivodeship marshal as the voivodeship coordination team for road safety matters.
Art. 140h. Tasks of the Provincial Road Safety Council
1.
The Provincial Council coordinates and determines the directions of public administration activities in matters of road safety.
2.
The tasks of the Voivodeship Council within the scope referred to in paragraph 1 include in particular:
providing opinions on draft local legal acts in the field of road safety;
3)
approving the expenditure plan of provincial road traffic centers in the part intended for improving road safety;
4)
initiating the education of public administration staff and training in road safety;
5)
initiating inter-provincial cooperation;
6)
cooperation with relevant social organizations and non-governmental institutions;
7)
initiating educational and information activities;
8)
analyzing and evaluating the actions taken.
3.
The detailed organisation and procedure of work of the Provincial Council are specified in the regulations adopted by the council by way of a resolution.
Art. 140i. Composition of the Provincial Road Safety Council
The Provincial Council consists of:
1)
chairman - voivodeship marshal;
2)
deputy chairmen:
a) voivode,
b) voivodeship police commander;
3)
secretary - appointed by the voivodeship marshal;
4)
members of the Voivodeship Council:
a) the voivodeship road transport inspector,
b) the director of the competent local branch of the General Directorate for National Roads and Motorways,
c) a representative of the voivode,
d) a representative of the Head of the Central Military Recruitment Centre,
e) a representative of the education superintendent,
f) a
representative of the voivodeship board, g) a representative of the district boards,
h) a representative of commune heads, mayors or city presidents,
i) a representative of the voivodeship commander of the Police,
j) a representative of the voivodeship commander of the State Fire Service,
k) a representative of the voivodeship roads board,
l) a representative of voivodeship road traffic centers,
m) a representative of the district road boards,
n) persons indicated by the voivodeship marshal, in particular those representing non-governmental organisations operating in the voivodeship whose statutory objective is road safety, whereas the voivodeship marshal may indicate no more than 12 persons.
Art. 140j. Chairman of the Provincial Road Safety Council
1.
The Chairman of the Provincial Council directs its work and represents it externally.
2.
The Chairman of the Provincial Council receives from the bodies whose representatives are members of the Provincial Council:
1)
reports and information on the implementation of tasks specified in road safety programmes;
2)
information on the state of road safety.
3.
The Chairman of the Voivodeship Council submits an annual report to the Chairman of the National Council by the end of January on the state of road safety in the voivodeship and the activities carried out in this regard.
Article 140k. Services of the Provincial Road Safety Council
The Provincial Road Traffic Centre, designated by the Voivodeship Marshal, provides services to the Provincial Council.
Art. 140l. Participation in the work of the National Council and the Provincial Road Safety Council
The following persons may participate in the work of the National Council and the Provincial Council with an advisory vote:
1)
representatives of non-governmental organizations whose statutory scope of activity includes road safety issues;
2)
research workers at universities or research and development units;
3)
independent experts.
Art. 140m. Repealed
Art. 140ma. Financial penalty for violation of the provisions of the Act by an authorized entity
1.
An authorized entity that:
1)
failed to return to the staroste, within the time limit referred to in Article 80y, paragraph 1, blank professional registration certificates, professional registration certificates and professional registration plates (plates), shall be subject to a fine of PLN 3,000;
2)
does not maintain the list
referred to in Article 80x, paragraph 1, shall be subject to a fine of PLN 5,000.
2.
An authorized entity whose professional registration certificate has been confiscated three times during a given calendar year shall be subject to a fine of PLN 2,000.
Art. 140mb. Failure to submit an application for vehicle registration
1.
Anyone who, being the owner of a vehicle and obliged to submit an application for vehicle registration
within the deadline referred to in Article 73aa , paragraph 1, fails to submit the application within the deadline, shall be subject to a fine of PLN 500.
2.
Anyone who, being the owner of a vehicle and obliged to submit an application for vehicle registration
within the deadline referred to in Article 73aa, paragraph 3, fails to submit the application within the deadline, shall be subject to a fine of PLN 1,000.
3.
Whoever, being the owner of a vehicle obliged to submit an application for vehicle registration, despite being requested to do so, fails to rectify the deficiencies in the submitted application within the prescribed time limit shall be subject to a fine referred to in paragraph 1 or 2, as appropriate.
4.
The fine referred to in paragraph 3 shall not be imposed if the deadline for rectifying the deficiencies in the submitted application for vehicle registration expires before the deadline referred to in Article 73aa, paragraph 1 or 3, respectively.
5.
In the event of failure to submit an application for vehicle
registration within 180 days from the date referred to in Article 73aa, paragraph 1 or 2, the financial penalty referred to in:
1)
in paragraph 1, the fine is imposed in the amount of PLN 1,000;
2)
in paragraph 2, shall be imposed in the amount of PLN 2,000.
6.
Whoever, being the owner of a vehicle registered in the territory of the Republic of Poland, contrary to the provisions of Article 78 , paragraph 2, point 1, fails to notify the staroste of the sale of the vehicle in due time, shall be subject to a fine of PLN 250.
7.
The co-owners of the vehicle are jointly and severally liable for financial penalties.
Art. 140n. Imposition of fines
1.
Financial penalties, in cases specified in Article 140ma for a financial penalty for a breach of the provisions of the Act by an authorized entity and Article 140mb for failure to comply with the obligation to submit an application for vehicle registration , are imposed by way of an administrative decision.
2.
The fines referred to in Article 140ma ( fine penalty for violation of the provisions of the Act by an authorized entity) and Article 140mb (failure to comply with the obligation to submit an application for vehicle registration ) are imposed by the staroste.
2a.
(repealed)
3.
The financial penalties referred to in Article 140ma ( fine penalty for violation of the provisions of the Act by an authorized entity) and Article 140mb (failure to comply with the obligation to submit an application for vehicle registration ) constitute the district's income.
3a.
(repealed)
4.
(repealed)
5.
Fines are paid into a separate bank account of the district office within 14 days from the date on which the decision to impose a fine becomes final.
6.
To the fines referred to in Article 140ma and article 140mb , the provisions of Articles 189d-189f of the Act of 14 June 1960 - the Code of Administrative Procedure shall not apply.
7.
If the act constituting a violation referred to in Article 140mb, i.e. failure to submit an application for vehicle registration , also constitutes an offence, only the provisions on administrative liability shall apply to the entity being a natural person.
Art. 140o. Request to limit the processing of personal data
Making a request referred to in art. 18 right to restrict data processing par. 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, 4.05.2016, p. 1, as amended), does not affect the course and outcome of the checks referred to in art. 129 powers of police officers and certain entities during road traffic checks par. 1, 4 and 4a, art. 129a roadside check performed by Road Transport Inspection inspectors par. 1, art. 129b roadside check performed by municipal (city) guards par. 1, art. 129c traffic control in forests or national parks, paragraph 1, and Art. 129d road control performed by persons acting on behalf of the road manager , paragraph 1, nor the power of the competent authority to impose a penalty.
Art. 141. Amendment to the Act - Petty Offences Code
In the Act of 20 May 1971 - Petty Offences Code (Journal of Laws, item 114, as amended): (changes omitted).
Art. 142. Amendment to the Act - Provisions introducing the Code of Procedure in Petty Offence Cases
In the Act of 20 May 1971 - Provisions introducing the Code of Procedure in Petty Offence Cases (Journal of Laws, item 117, of 1985, item 100 and of 1991, item 321): (amendments omitted).
Art. 143. Amendments to the Act on Economic Activity
In the Act of 23 December 1988 on economic activity (Journal of Laws, item 324, as amended): (changes omitted).
Art. 144. Repealed
Art. 145. Transitional provision
1.
Training centres or schools providing training to persons applying for driving licences on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act for a period of 1 year from the date of its entry into force.
2.
Persons performing the activities of instructors or lecturers in training centres or schools on the date of entry into force of the Act on the basis of the existing provisions may conduct training for persons applying for driving licences within the scope they previously held, if they meet the requirements referred to in Article 105, repealed paragraph 2, points 1, 2, 6 and 7, and provided that they pass the examination referred to in Article 105, repealed paragraph 2, point 5 within 6 months of the date of entry into force of the Act.
3.
Examination centres in which the qualifications of persons applying for driving licences and driving vehicles are checked on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act for a period of 6 months from the date of entry into force of the Act.
4.
Individuals performing examiner duties on the date the Act enters into force under the existing provisions are deemed to meet the requirements specified in the Act. These individuals may perform their duties for a period of 10 months from the date the Act enters into force under a mandate contract.
5.
Vehicle inspection stations operating on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act within the time limits specified in the authorizations issued to them.
6.
Persons performing diagnostic activities on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act.
Art. 146. Transitional provision
1.
The voivode will establish a voivodeship road traffic centre within 6 months from the date of entry into force of the Act.
2.
Once the centre referred to in paragraph 1 is established, fees for state driving licence examinations and tram driving permits are transferred to its account.
3.
Until the centre begins to independently conduct state examinations checking the qualifications of persons applying for a driving licence and drivers, the costs of conducting examinations in the centres referred to in Article 145 , transitional provision , paragraph 3, shall be financed from the revenue from the fees referred to in paragraph 2.
4.
The voivode is authorized to grant the voivodeship road traffic center a one-off loan for investment purposes for a period not exceeding 2 years.
Art. 147. Transitional provision
1.
Persons aged 17 to 18 applying for a category B+E driving licence who have completed the required training or are participating in it on 1 July 1999 are deemed to meet the requirements set out in Article 90, repealed paragraph 2, point 3.
2.
Applicants for a category C or D driving licence who have completed the required training or are participating in it on 1 July 1999 are deemed to meet the requirements referred to in Article 88, paragraph 4,
repealed .
Art. 148. Transitional provision
1.
Permits for the use of vehicles as emergency vehicles issued before the date of entry into force of the Act remain valid until 15 January 1998.
2.
Permits to carry out tests on installations adapting vehicles to gas fuelling and the method of their installation, issued before the date of entry into force of the Act, shall remain valid until 31 March 1998.
3.
Permits for exemption from compliance with certain road signs issued before the date of entry into force of the Act shall remain valid until 31 March 1998.
Article 148a. Transitional provision
1.
Until 1 January 2026, the circulation of electric vehicles referred to in Article 2 is permitted point 12 of the Act of 11 January 2018 on electromobility and alternative fuels, and hydrogen-powered vehicles referred to in Art. 2 point 15 of this Act, along the bus lanes designated by the road manager.
2.
The road manager may make the movement of electric vehicles in designated bus lanes dependent on the number of people using these vehicles.
Art. 148b. Transitional provision
1.
From 1 July 2018 to 31 December 2019, electric vehicles and hydrogen-powered vehicles are marked with a sticker indicating the type of fuel used to propel them, placed on the vehicle's windscreen according to the template specified in the provisions issued pursuant to Art. 76 of the Regulation on the conditions and procedure for registration of vehicles and the distribution of blank forms , paragraph 1, point 1.
2.
The sticker referred to in paragraph 1 is issued by the commune head, mayor or city president competent for the place of residence or registered office of the vehicle owner.
Art. 149. Transitional provision
The minister responsible for transport, in consultation with the Minister of National Defence, the minister responsible for internal affairs and the Minister of Justice, guided by the need to ensure stable trade in motor vehicles, may determine, by way of a regulation:
1)
the obligation to obtain a vehicle card by owners of vehicles registered before the date referred to in Article 152 , entry into force of the Act, point 3;
2)
conditions, deadlines and procedure for obtaining a vehicle card by the persons referred to in point 1, the authorities competent to issue them, the documents used in these matters and the fee for issuing a vehicle card.
Art. 150. Transitional provision
1.
Driving licenses and other documents authorizing the holder to drive vehicles or confirming additional qualifications and requirements for vehicle drivers, issued under the existing regulations, remain valid until they are replaced at the expense of the authorized person to the extent for which they were issued.
2.
The minister responsible for transport, taking into account all documents entitling to drive issued before the date of entry into force of the Act and the costs related to their replacement, shall determine, by way of a regulation, the conditions and deadlines for the replacement of driving licenses and other documents entitling to drive vehicles or confirming additional qualifications of drivers and the amount of fees for their replacement.
Art. 151. Repeal of the Act of 1 February 1983 - Road Traffic Law
1.
The Act of 1 February 1983 - Road Traffic Law (Journal of Laws of 1992, item 41 and item 114 and of 1995, item 515) shall become null and void, with the exception of Art. 60 prohibitions related to the marking and use of vehicles , Art. 69-70 and Art. 72-82, which shall become null and void as of 30 June 1999.
2.
Until the implementing regulations provided for in the Act are issued, but no longer than for a period of 18 months from the date of its entry into force, the regulations issued on the basis of the Act referred to in paragraph 1 shall remain in force, provided that they are not inconsistent with this Act.
Art. 152. Entry into force of the Act
The Act comes into force on 1 January 1998, except for:
1)
Article 49 prohibitions on stopping and parking vehicles, paragraph 2 point 5, Article 80 prohibition on entrusting certain tasks and competences to municipalities by way of agreement , Article 99 repealed and Article 109 repealed paragraph 4, which enter into force on 1 July 1998;
2)
Article 39, paragraph 3, on the obligation to use seat belts , and Article 85, on technical inspections of trams and trolleybuses , which enter into force on 1 January 1999;
3)
Article 74 temporary vehicle registration, paragraph 2, point 2, letter a, Article 77 repealed , Article 87 repealed , Article 88 repealed , Articles 90-98 and Articles 100-108, which enter into force on 1 July 1999.
---------- [The Act was announced on 19 August 1997 - Journal of Laws of 1997, item 602]
Section 3. Vehicles
Chapter 1. Technical conditions of vehicles
Art. 66. Technical requirements for vehicles participating in traffic
1.
A vehicle participating in traffic must be constructed, equipped and maintained in such a way that its use:
1)
did not endanger the safety of its occupants or other road users, did not violate the traffic order on the road and did not expose anyone to harm;
2)
does not disturb public peace by causing noise exceeding the levels specified in specific regulations;
3)
does not cause the release of harmful substances to an extent exceeding the levels specified in specific regulations;
4)
did not cause damage to the road;
5)
ensured a sufficient field of view for the driver and easy, comfortable and safe use of steering, braking, signalling and road lighting devices while observing the road;
6)
did not cause radio interference in excess of the levels specified in specific regulations.
1a.
Vehicles in categories M 2 and M 3 must be equipped with an approved speed limiter limiting their maximum speed to 100 km/h, while vehicles in categories N 2 and N 3 must be equipped with an approved speed limiter limiting their maximum speed to 90 km/h. The speed limiter must be installed by the manufacturer or a body authorized by them.
1b.
The provision of paragraph 1a does not apply to the vehicle:
1)
special or used for special purposes by the Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, National Revenue Administration used by the Customs and Tax Service, Central Anticorruption Bureau, Border Guard, Prison Service, Armed Forces of the Republic of Poland, State Protection Service and fire protection units;
2)
historic;
3)
which, for design reasons, does not develop a speed greater than that specified in paragraph 1a;
4)
used to conduct scientific research on roads;
5)
intended exclusively for public works in urban areas;
6)
categories N 3 and M 3 with a maximum laden mass exceeding 10 t, registered before 1 January 1988;
7)
categories N2 , M2 and M3 with a maximum laden mass not exceeding 10 tonnes, registered before 1 October 2001.
1c.
The minister responsible for transport, taking into account the specific risks occurring during the transport of dangerous goods, may, by way of a regulation, determine lower values ​​than those specified in paragraph 1a for the settings of devices limiting the maximum speed of vehicles transporting certain dangerous goods.
1d.
A motor vehicle and rail vehicle may be equipped with an alcohol interlock installed by the manufacturer of the device or its authorized representative.
1e.
The alcohol interlock is calibrated every 12 months. The first calibration of the alcohol interlock is performed before the device is installed in the vehicle.
1f.
The manufacturer of the device or its authorized representative calibrates the alcohol interlock and issues a document confirming its calibration.
1g.
The Minister responsible for transport will specify, by way of a regulation, the functional and technical requirements of the alcohol interlock and the template of the document confirming the calibration of the alcohol interlock, taking into account the market availability of such devices and the need to ensure the safety of road users.
2.
Vehicle devices and equipment, in particular those ensuring traffic safety and environmental protection against the negative effects of vehicle use, should be maintained in proper condition and function efficiently and effectively.
3.
Devices used to connect a towing vehicle to a trailer must ensure safe towing of a trailer with the permissible total weight intended to be towed by that vehicle, prevent the trailer from becoming uncoupled and ensure the proper operation of the lights and brakes, if the trailer is equipped with them.
3a.
A vehicle participating in traffic should have the following identification features
assigned by the manufacturer, subject to Article 66a :
1)
VIN number or body, chassis or frame number.
2)
(repealed)
4.
It is prohibited to:
1)
placing protruding pointed or sharp parts or objects inside or outside the vehicle that may cause bodily injury to vehicle occupants or other road users;
1a)
using in the vehicle items of equipment and parts removed from vehicles, the reuse of which threatens road safety or negatively affects the environment;
2)
the use of equipment and parts in the vehicle that do not meet the conditions specified in specific regulations;
3)
placing in or on the vehicle devices that are mandatory equipment of an emergency vehicle, emitting light signals in the form of blue or red flashing lights or an audible signal with a variable tone;
4)
equipping a vehicle with a device informing about the operation of control and measurement equipment used by road traffic control authorities or disrupting such operation, or carrying such a device in a vehicle in a condition indicating its readiness for use; this does not apply to special vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the National Revenue Administration used by the Customs and Tax Service, the State Protection Service and the Internal Supervision Office;
5)
replacement of the vehicle body with the identifying features referred to in paragraph 3a point 1;
6)
making structural changes that change the type of vehicle, with the exception of:
a) a vehicle for which the following have been issued:
– an EC type-approval certificate for a vehicle,
– a vehicle type-approval certificate, –
an EC type-approval certificate for vehicles produced in small series,
– a vehicle type-approval certificate for vehicles produced in small series,
– road traffic approval of a vehicle from the end-of-series production series,
– recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a vehicle type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– individual vehicle approval,
– recognition of an individual vehicle approval issued by a competent authority of a European Union Member State other than the Republic of Poland,
– individual EC vehicle approval certificate,
– documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment, including:
– – certificate EU type-approval of a vehicle,
– – UN type-approval certificate issued for the vehicle,
– – national vehicle type-approval certificate,
– – national type-approval certificate for vehicles produced in small series,
– – authorisation for entry into service in road traffic of a vehicle from the end-of-series production series,
– – recognition of a national type-approval certificate for vehicles
produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland, – – recognition of a national type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure for vehicles produced in small series by a competent authority of a European Union Member State other than the Republic of Poland,
– – national individual vehicle approval certificate,
– – recognition of a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland,
– – EU individual vehicle approval certificate,
– – national type approval certificate for a tram,
– – national type approval certificate for a trolleybus,
b) a vehicle in which structural changes were made by an entrepreneur conducting business activity in this field.
4a.
The provision of paragraph 4 does not apply to a historic vehicle - in the scope of points 1-3, with the proviso that in the case of point 3 there is a ban on using these devices while driving and standing.
4b.
Confirmation of compliance with the relevant conditions or technical requirements in relation to vehicles in which structural changes have been made, referred to in the regulations issued pursuant to paragraph 5, shall be made by a technical service designated by the Director of Transport Technical Supervision or the Director of Transport Technical Supervision.
5.
The minister responsible for transport, in consultation with the ministers responsible for internal affairs and National Defence, will determine, by way of a regulation, the technical conditions of vehicles and the scope of their necessary equipment.
5a.
The minister responsible for transport will determine, by way of a regulation, the technical conditions of the vehicles comprising the tourist train and the scope of their necessary equipment.
6.
The Minister of National Defence and the Minister of Internal Affairs, in consultation with the Minister of Transport, will determine, by way of a regulation, the technical conditions of special vehicles and vehicles used for special purposes by the Armed Forces of the Republic of Poland.
7.
The minister responsible for internal affairs, the Minister of National Defence, the minister responsible for public finances and the Minister of Justice, in consultation with the minister responsible for transport, shall determine, by way of a regulation, the technical conditions of special vehicles and vehicles used for special purposes by the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the State Protection Service, the National Revenue Administration, the Prison Service and the fire service.
8.
The regulations referred to in paragraphs 5-7 should take into account in particular:
1)
the need to ensure the safe use of vehicles;
2)
ensuring the lowest possible negative impact of vehicles on the environment;
3)
international regulations and agreements regarding vehicles, their equipment and parts;
4)
the purpose of the vehicles and how they are used.
9.
The minister responsible for transport, in consultation with the minister responsible for the economy and the minister responsible for the climate, guided by technical considerations, road safety rules and environmental protection requirements and with the aim to prevent irregularities in the trade in equipment and parts removed from vehicles, shall establish, by way of a regulation, a list of equipment and parts removed from vehicles, the reuse of which threatens road safety or negatively affects the environment.
Article 66a. Identification features
1.
The identification features referred to in Article 66, paragraph 3a, technical requirements for vehicles participating in traffic, are assigned and placed by the manufacturer.
2.
The starosta responsible for vehicle registration issues a decision on assigning identification features to a vehicle:
1)
built using a body, chassis or frame of its own design, the brand of which is referred to as "SAM";
2)
in which the frame or chassis was replaced with a frame or chassis without a serial number;
3)
recovered after theft, in which the identifying feature has been erased or falsified;
4)
purchased at a public auction or from an entity executing a decision on the forfeiture of a vehicle to the State Treasury, in which the identification feature has been erased or falsified;
5)
in which the identification feature has been erased or falsified and the ownership of the vehicle has been established by a final court decision;
6)
where the identification feature has been corroded or destroyed in a road accident or during repairs;
7)
historic building in which the identifying feature has not been placed.
3.
The circumstances referred to in paragraph 2 points 6 and 7 should be confirmed by a written opinion of a car appraiser referred to in Article 79a of the Car Appraiser Act ; the opinion should indicate the original identification feature or clearly exclude interference with the number field for the purpose of deliberate destruction or falsification, or indicate the absence of the originally placed identification feature.
4.
The staroste enters the identification features in the registration certificate and in the vehicle card, if one was issued.
5.
The minister responsible for transport, taking into account the importance of identification features for ensuring the certainty and safety of vehicle trade, shall determine, by way of a regulation, the detailed method and procedure for their assignment and placement in the cases referred to in paragraph 2.
Art. 67. Derogation from the obligation for a vehicle to meet technical requirements
1.
The Director of Transport Technical Supervision may, by way of an administrative decision, in an individual, justified case, allow a deviation from the technical conditions that a vehicle should meet, taking into account:
1)
the need to ensure safe use of the vehicle and the safety of pedestrians;
2)
ensuring the lowest possible negative impact of the vehicle on the environment and road infrastructure;
3)
the purpose of the vehicle and how it is used.
1a.
A permit for derogation referred to in paragraph 1 is not required in the event that an authorized entity referred to in Article 80s paragraph 2, engaged in the production of vehicles, performs a test drive for an incomplete truck or an incomplete trailer if, before completion, these vehicles do not meet the technical conditions in terms of:
1)
front and rear bumpers or protective devices to prevent under-driving of another vehicle;
2)
side covers;
3)
fenders;
4)
external vehicle lights: side indicators and side reflectors, side position lights and front and rear outline marker lights.
2.
The district council may introduce an obligation to equip horse-drawn vehicles with a brake activated from the driver's seat.
3.
A permit to deviate from the technical requirements that a vehicle must meet is issued at the request of the vehicle owner or keeper, after payment of a fee. The maximum fee cannot exceed PLN 600.
4.
An application for a permit to derogate from the technical conditions that a vehicle must meet should include:
1)
vehicle data:
a) type, make, type, model,
b) VIN number or body, chassis or frame number;
2)
data relating to the owner or keeper of the vehicle:
a) name and surname (name or company),
b) address of residence (registered office);
3)
the scope of the requested deviation from the technical conditions that the vehicle should meet;
4)
justification of the application;
5)
name and address of the authority that will register the vehicle.
5.
The application referred to in paragraph 3 must be accompanied by:
1)
proof of ownership of the vehicle or a document confirming the entrustment of the vehicle
referred to in Article 73, paragraph 5;
2)
a certificate of a technical inspection of the vehicle, indicating which technical conditions the vehicle does not meet – if required;
3)
EC certificate of conformity or a certificate of conformity together with a statement containing the data and information about the vehicle necessary for registration and keeping records of the vehicle – if required;
4)
a test report confirming compliance with the relevant conditions or technical requirements for individual vehicle approval in the case of a vehicle referred to in Article 59, paragraph 3 of the Act of 14 April 2023 on vehicle approval systems and their equipment – ​​if required;
5)
a document drawn up by an authorised body indicating the conditions or technical requirements in force in the territory of the Republic of Poland, which are not met by a vehicle covered by an individual approval granted for a given vehicle by a competent authority of a European Union Member State, in the case of a vehicle covered by the procedure of recognition of individual approval by the Director of Transport Technical Inspection – if required;
6)
a statement from the vehicle manufacturer, an opinion from an authorised entity or an opinion from a car expert referred to in Article 79a of the Car Expert Act , regarding the technical data of the vehicle within the scope covered by the application – if required;
7)
registration certificate of the country of the previous registration of the vehicle – if required;
8)
proof of payment of the fee referred to in paragraph 3;
9)
clear photos of the vehicle showing: the entire body of the vehicle from two diagonals at the front and rear, the VIN number or the body, chassis or frame number, permanently placed on the body, frame or other similar basic structural element, the vehicle identification plate, the location of the steering column - if required.
6.
A permit to derogate from the technical conditions that a vehicle must meet, in the case of vehicles referred to in Article 73 , paragraphs 2a and 4, is issued upon application, which should be submitted through the Minister of National Defence or the minister responsible for foreign affairs, respectively, and include:
1)
vehicle data:
a) type, make, type, model,
b) VIN number or body, chassis or frame number;
2)
data relating to the owner or keeper of the vehicle and the period of his stay in the territory of the Republic of Poland;
3)
the scope of the requested deviation from the technical conditions that the vehicle should meet.
7.
In the case of vehicles referred to in Article 73, vehicle registration, paragraphs 2a and 4, the provisions of paragraphs 3 and 5 shall not apply.
8.
In the case of obtaining a permit for a deviation from the technical conditions that the vehicle must meet, in the case of vehicles referred to in Article 73, paragraphs 2a and 4, the owner or keeper of the vehicle shall submit a certificate of the technical inspection of the vehicle to the Director of Transport Technical Supervision, through the Minister of National Defence or the minister responsible for foreign affairs, respectively, within 30 days from the date of issue of this permit.
9.
A permit to derogate from the technical conditions that a vehicle must meet in terms of weight, axle loads or dimensions of the vehicle does not exempt from the obligation to obtain a permit for the passage of an oversized
vehicle, referred to in Article 64 , paragraph 1, point 1.
10.
The fee referred to in paragraph 3 constitutes the income of the Transport Technical Supervision.
11.
The minister responsible for transport will determine, by regulation, the fee for issuing a permit to deviate from the technical conditions that a vehicle must meet, taking into account the costs incurred in connection with its issuance and the streamlining of procedures in this respect.
Art. 68. Repealed
Article 68a. Repealed
Art. 69. Repealed
Art. 70. Repealed
Chapter 1a. (Repealed)
Repealed
Chapter 1b. (Repealed)
Repealed
Chapter 1c. (Repealed)
Repealed
Chapter 2. Conditions for admitting vehicles to traffic
Art. 71. Document confirming the vehicle's roadworthiness
1.
The document certifying the roadworthiness of a motor vehicle, agricultural tractor, slow-moving vehicle included in a tourist train, moped, or trailer is a registration certificate or a temporary permit. This provision does not apply to the vehicles referred to in paragraph 3.
2.
The vehicles specified in paragraph 1 are admitted to traffic if they meet the conditions specified in Article 66 of the technical requirements for vehicles participating in traffic and are registered and provided with legalised registration plates.
2a.
Electric vehicles and hydrogen-powered vehicles have license plates indicating the type of fuel used to power them.
3.
A vehicle not mentioned in paragraph 1, a motorcycle trailer and a special trailer designed to be towed by an agricultural tractor or a slow-moving vehicle is admitted to traffic if it meets the conditions specified in Article 66 technical requirements for vehicles participating in traffic .
4.
A vehicle combination consisting of a motor vehicle with a gross vehicle weight not exceeding 3.5 tons and a trailer, or a bus and trailer, may be approved for road use after obtaining an appropriate endorsement in the motor vehicle's registration certificate, based on a completed technical inspection. This provision does not apply to motorcycles.
4a.
The provision of paragraph 4 also applies to agricultural tractors and slow-moving vehicles used in tourist trains. In the case of agricultural tractors, they may be approved for use after receiving an appropriate note in the vehicle registration certificate stating that their design speed is limited to 25 km/h.
5.
A vehicle registered abroad is allowed to be driven if it meets the required technical conditions and is fitted with registration plates with a registration number consisting of letters of the Latin alphabet and Arabic numerals, subject to Article 59 of the marking of a vehicle registered in Poland and abroad, paragraphs 2 and 3, and the driver of the vehicle has a document confirming the registration.
5a.
(repealed)
6.
A vehicle imported from the territory of a country that is not a Member State of the European Union, after the vehicle has been released by the head of the customs and tax office for the admission procedure, is allowed to drive for a period of 30 days.
7.
(repealed)
Art. 72. Vehicle registration documents
1.
Registration is made on the basis of:
1)
proof of ownership of the vehicle or a document confirming the entrustment of the vehicle, referred to in Article 73, paragraph 5 of the vehicle registration ;
2)
(repealed)
3)
one of the documents:
a) EC certificate of conformity together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle,
b) certificate of conformity together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle, c
) certificate of conformity referred to in Art. 27, paragraph 1, point 2 of the Act of 14 April 2023 on vehicle approval systems and their equipment, together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle,
d) individual vehicle approval certificate together with a statement containing the data and information about the vehicle necessary for registration and registration of the vehicle,
e) national individual vehicle approval certificate referred to in Art. 2, explanation of terms, paragraph 1 point 33 of the Act of 14 April 2023 on vehicle approval systems and their equipment, together with a statement containing data and information about the vehicle necessary for registration and keeping the register of the vehicle,
f) recognition of an individual vehicle approval certificate,
g) recognition of a national individual vehicle approval certificate referred to in Art. 64 recognition of a national individual vehicle approval certificate by a competent authority of a European Union Member State other than the Republic of Poland, par. 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
h) EC individual vehicle approval certificate,
i) EU individual vehicle approval certificate referred to in Art. 2 explanation of terms, par. 1 point 32 of the Act of 14 April 2023 on vehicle approval systems and their equipment, together with a statement containing data and information about the vehicle necessary for registration and keeping the register of the vehicle
– if required; EC certificates of conformity, certificates of conformity and declarations containing data and information about the vehicle necessary for registration and keeping records of the vehicle may be signed with a mechanically printed signature;
4)
a certificate of a positive result of the vehicle's technical inspection, if required, or the vehicle's registration certificate or another document issued by the competent authority of a Member State confirming the performance and validity of the technical inspection;
5)
registration certificate, if the vehicle was registered;
6)
proof of import customs clearance if the vehicle was imported from the territory of a non-EU Member State and is being registered for the first time;
6a)
a document confirming payment of excise duty in the territory of the country or a document confirming the lack of obligation to pay excise duty in the territory of the country or a certificate of exemption from excise duty, within the meaning of the excise tax regulations, if the passenger car, vehicle of the "other motor vehicle" type, subtype "quadricycle" (homologation category L7e) or subtype "light quadricycle" (homologation category L6e), truck (homologation category N1), subtype "van", "van/platform", "lorry-passenger vehicle", "off-road vehicle", "multi-purpose vehicle" or "van" or a special vehicle (homologation category M1 and N1) was imported from the territory of a Member State of the European Union and is registered for the first time.
7)
(repealed)
8)
(repealed)
9)
(repealed)
1a.
(repealed)
1b.
In the case of purchase from a specialized showroom, within the meaning of the excise tax regulations, of a passenger car or vehicle referred to in paragraph 1 point 6a, a document confirming payment of excise duty in the territory of the country, a document confirming the lack of obligation to pay excise duty in the territory of the country or a certificate confirming the exemption from excise duty for a passenger car may be replaced by a declaration from the specialized showroom that it has, respectively, the original or a copy of the document confirming payment of excise duty in the territory of the country, the original or a copy of the document confirming the lack of obligation to pay excise duty in the territory of the country on that passenger car or vehicle or the original or a copy of the certificate confirming the exemption from excise duty for a passenger car.
2.
The requirements of paragraph 1 do not apply to:
1)
a vehicle that was already registered in the territory of the Republic of Poland - within the scope of paragraph 1 point 3;
1a)
a vehicle that was already registered in the territory of the Republic of Poland and there has been no change of owner of this vehicle since the last registration, in the case where the re-registration of the vehicle is made at the request of the owner of this vehicle in connection with a change of his place of residence (registered office) – within the scope of the proof of ownership of the vehicle referred to in paragraph 1 point 1;
2)
a vehicle purchased after forfeiture for the benefit of the State Treasury or for the benefit of a local government unit - within the scope of paragraph 1 point 5;
3)
a vehicle purchased from the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard, the National Revenue Administration or the Armed Forces of the Republic of Poland – within the scope of paragraph 1 point 5;
4)
(repealed)
5)
a vehicle temporarily withdrawn from road traffic - within the scope of paragraph 1 point 5; in this case, instead of the registration certificate, a decision on the temporary withdrawal of the vehicle from road traffic is required;
6)
(repealed)
7)
a deregistered vehicle referred to in Article 79 , conditions for deregistration of a vehicle, paragraph 4, point 3 - in the case of re-registration - within the scope of paragraph 1, point 5;
8)
the vehicle referred to in Article 81, paragraph 4, point 1 of technical inspections – within the scope of paragraph 1, point 4.
2a.
In the case of a vehicle imported from the territory of a non-member state, instead of the registration certificate referred to in paragraph 1 point 5, it is permissible to present another document confirming the registration of the vehicle, issued by the authority competent for vehicle registration in that state.
2b.
In the case of a historic vehicle, instead of a registration certificate, it is permissible to present a declaration by the vehicle owner, made under penalty of perjury, that he does not have a registration certificate.
3.
Additionally, a document confirming compliance with the requirements referred to in Article 2, explanation of terms, point 39,
is required - in relation to historic vehicles.
3a.
(repealed)
4.
In the event of loss of the registration certificate or temporary permit of a vehicle registered in the territory of the Republic of Poland, the registration authority shall verify the data contained in the lost document in the central register of vehicles and shall retrieve from this register the data necessary to register the vehicle.
5.
In the event of loss of a registration certificate for a vehicle registered abroad, a duplicate must be presented instead, or a document issued by the registration authority responsible for the vehicle's last registration, confirming the data contained in the lost document, which is necessary for vehicle registration. If the registration authority responsible for the vehicle's last registration abroad refuses to issue a duplicate registration certificate or a document confirming the data contained in the lost document, the district head may request confirmation of this data from that authority. The obtained confirmation of this data, in paper or electronic form, replaces the document confirming the data contained in the lost document, which is necessary for vehicle registration.
6.
In the event of loss of the registration certificate of a vehicle exported from the country, previously registered in the territory of the Republic of Poland, the registration authority competent for the place of last registration of the vehicle in the territory of the Republic of Poland, at the request of the vehicle owner, issues a certificate confirming the data contained in the lost registration certificate.
Art. 73. Vehicle registration
1.
Vehicle registration is carried out, at the request of the vehicle owner, by the starosta competent for the owner’s place of permanent residence (registered office) or temporary residence, by issuing a decision on vehicle registration, a registration certificate and legalised registration plates (plates).
1a.
An applicant for vehicle registration may apply to retain the existing registration number, including the registration plates, if the vehicle has already been registered in the territory of the Republic of Poland and has registration plates that comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, and are maintained in proper condition and legible. In such a case, the staroste, when registering the vehicle, issues a decision on vehicle registration and a registration certificate and legalizes the existing registration plates. If the registration plates do not comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, or are not maintained in proper condition or are not legible, the provision of paragraph 1 shall apply.
1b.
The owner or entity referred to in paragraphs 2 and 5, who is the holder of a motor vehicle registered in the territory of the Republic of Poland, excluding a motorcycle, may apply to the registration authority competent for the place of last registration of the vehicle for an additional, legalized registration plate to mark the trunk covering the rear registration plate. The additional registration plate shall bear the same registration number as the motor vehicle's registration number. If the motor vehicle does not have registration plates compliant with the provisions issued pursuant to Art. 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Forms , paragraph 1, item 1, letter a, the registration authority shall issue a new decision on vehicle registration, along with a set of legalized registration plates with a new motor vehicle registration number and a new registration certificate, as well as an additional, legalized registration plate.
1c.
An additional legalised registration plate referred to in paragraph 1b shall be issued by the registration authority after:
1)
temporary registration of the vehicle ex officio or upon issuing a registration certificate, if the motor vehicle is registered by that authority, or
2)
registration of a motor vehicle by this authority.
1d.
The registration number on the registration plate (plate) consists of letters and numbers (a digit). This number consists of the voivodeship or district identification number and the vehicle identification number or the individual vehicle identification number, as specified in the regulations issued pursuant to Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank forms , paragraph 1, point 1, letters a and c.
1e.
The registration authority issues a decision refusing to register the vehicle:
1)
in the absence of positive verification of the documents referred to in Article 72, paragraph 1, taking into account Article 72, paragraphs 1b–3, 4 and 5, in this verification;
2)
if, pursuant to the provisions of the Act of 24 August 2007 on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System (Journal of Laws of 2023, item 1355), he/she has obtained information that the vehicle submitted for registration has been stolen, misappropriated, lost or is sought as evidence in criminal proceedings or tax criminal proceedings;
3)
if, in response to his inquiry addressed to the registration authority competent for the place of last registration of the vehicle abroad or to the contact point designated by a Member State of the European Union or the European Free Trade Association (EFTA) – party to the Agreement on the European Economic Area, he obtained confirmation that the legal status of the vehicle previously registered in that country causes an obstacle to registering the vehicle in the territory of the Republic of Poland.
2.
Registration of a vehicle owned by a multi-plant enterprise or another entity comprising separate organizational units may be carried out by the starosta competent for the seat of the establishment or unit, at the request of the manager of the establishment or separate organizational unit authorized by the owner.
2a.
Registration of vehicles belonging to members of foreign armed forces, civilian personnel and family members, as well as vehicles of their contractors, staying in the territory of the Republic of Poland, on the basis of international agreements, at the request of the military authorities of these armed forces, is carried out by the staroste competent for the place of residence of these persons in the territory of the Republic of Poland.
2b.
Vehicles belonging to foreign armed forces stationed in the territory of the Republic of Poland are registered, pursuant to international agreements, by the appropriate authority of the Polish Armed Forces. This authority issues a registration certificate and legalized registration plates (plates), unless registration plates (plates) are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3.
Vehicles of the Polish Armed Forces, State Protection Service, Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau, Border Guard, and National Fiscal Administration used by the Customs and Tax Service are registered by the competent authorities of these entities. These authorities issue registration certificates and legalized registration plates, unless registration plates are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3a.
The manufacturer of blank registration certificates, temporary permits and other documents required for vehicle registration, as well as the starostas, shall transfer to the Mazovian Voivode, for a fee, the following: blank registration certificates, temporary permits and other documents required for vehicle registration, as well as legalised registration plates necessary for registration, referred to in Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank registration plates, paragraph 4. Information concerning the transferred blank registration certificates, temporary permits and other documents required for registration, as well as registration plates, is subject to protection in accordance with the regulations on the protection of classified information with a "secret" or "top secret" classification.
4.
The registration of a vehicle belonging to a diplomatic mission, consular office and special mission of a foreign state or international organisation, as well as their staff enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognised international customs or on the basis of reciprocity, is carried out by the Voivode of Mazovia at the request of the minister responsible for foreign affairs.
5.
If a foreign natural or legal person entrusts a vehicle to a Polish entity, the vehicle is registered by the competent authority for the place of residence (registered office) of the Polish entity, specified in paragraph 1.
As of the date specified in the decision of the European Commission, in accordance with Article 66, paragraph 2 of Regulation (EU) 2018/1861 of the European Parliament and of the Council of 28 November 2018, Article 73, vehicle registration, shall read as follows (amendment to paragraph 1e, point 2):
1.
Vehicle registration is carried out, at the request of the vehicle owner, by the starosta competent for the owner’s place of permanent residence (registered office) or temporary residence, by issuing a decision on vehicle registration, a registration certificate and legalised registration plates (plates).
1a.
An applicant for vehicle registration may apply to retain the existing registration number, including the registration plates, if the vehicle has already been registered in the territory of the Republic of Poland and has registration plates that comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, and are maintained in proper condition and legible. In such a case, the staroste, when registering the vehicle, issues a decision on vehicle registration and a registration certificate and legalizes the existing registration plates. If the registration plates do not comply with the provisions issued under Article 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Registration Forms , paragraph 1, item 1, letter a, or are not maintained in proper condition or are not legible, the provision of paragraph 1 shall apply.
1b.
The owner or entity referred to in paragraphs 2 and 5, who is the holder of a motor vehicle registered in the territory of the Republic of Poland, excluding a motorcycle, may apply to the registration authority competent for the place of last registration of the vehicle for an additional, legalized registration plate to mark the trunk covering the rear registration plate. The additional registration plate shall bear the same registration number as the motor vehicle's registration number. If the motor vehicle does not have registration plates compliant with the provisions issued pursuant to Art. 76 of the Regulation on the Conditions and Procedure for Vehicle Registration and the Distribution of Forms , paragraph 1, item 1, letter a, the registration authority shall issue a new decision on vehicle registration, along with a set of legalized registration plates with a new motor vehicle registration number and a new registration certificate, as well as an additional, legalized registration plate.
1c.
An additional legalised registration plate referred to in paragraph 1b shall be issued by the registration authority after:
1)
temporary registration of the vehicle ex officio or upon issuing a registration certificate, if the motor vehicle is registered by that authority, or
2)
registration of a motor vehicle by this authority.
1d.
The registration number on the registration plate (plate) consists of letters and numbers (a digit). This number consists of the voivodeship or district identification number and the vehicle identification number or the individual vehicle identification number, as specified in the regulations issued pursuant to Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank forms , paragraph 1, point 1, letters a and c.
1e.
The registration authority issues a decision refusing to register the vehicle:
1)
in the absence of positive verification of the documents
referred to in Article 72 paragraph 1, taking into account during this verification Article 72 paragraphs 1b-5; 2) if, pursuant to the provisions of the Act of 24 August 2007 on the participation of the Republic of Poland in the Schengen Information System and the Visa Information System (Journal of Laws of 2021, item 1041 and of 2022, item 2642), he/she has obtained information that the vehicle submitted for registration has been stolen, misappropriated, lost or is sought as evidence in criminal proceedings or tax criminal proceedings;
3) if, in response to his inquiry addressed to the registration authority competent for the place of last registration of the vehicle abroad or to the contact point designated by a Member State of the European Union or the European Free Trade Association (EFTA) – party to the Agreement on the European Economic Area, he obtained confirmation that the legal status of the vehicle previously registered in that country causes an obstacle to registering the vehicle in the territory of the Republic of Poland.
2.
Registration of a vehicle owned by a multi-plant enterprise or another entity comprising separate organizational units may be carried out by the starosta competent for the seat of the establishment or unit, at the request of the manager of the establishment or separate organizational unit authorized by the owner.
2a.
Registration of vehicles belonging to members of foreign armed forces, civilian personnel and family members, as well as vehicles of their contractors, staying in the territory of the Republic of Poland, on the basis of international agreements, at the request of the military authorities of these armed forces, is carried out by the staroste competent for the place of residence of these persons in the territory of the Republic of Poland.
2b.
Vehicles belonging to foreign armed forces stationed in the territory of the Republic of Poland are registered, pursuant to international agreements, by the appropriate authority of the Polish Armed Forces. This authority issues a registration certificate and legalized registration plates (plates), unless registration plates (plates) are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3.
Vehicles of the Polish Armed Forces, State Protection Service, Police, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau, Border Guard, and National Fiscal Administration used by the Customs and Tax Service are registered by the competent authorities of these entities. These authorities issue registration certificates and legalized registration plates, unless registration plates are not required for a given vehicle and the registration number is affixed directly to the vehicle.
3a.
The manufacturer of blank registration certificates, temporary permits and other documents required for vehicle registration, as well as the starostas, shall transfer to the Mazovian Voivode, for a fee, the following: blank registration certificates, temporary permits and other documents required for vehicle registration, as well as legalised registration plates necessary for registration, referred to in Article 76 of the Regulation on the conditions and procedure for vehicle registration and the distribution of blank registration plates, paragraph 4. Information concerning the transferred blank registration certificates, temporary permits and other documents required for registration, as well as registration plates, is subject to protection in accordance with the regulations on the protection of classified information with a "secret" or "top secret" classification.
4.
The registration of a vehicle belonging to a diplomatic mission, consular office and special mission of a foreign state or international organisation, as well as their staff enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognised international customs or on the basis of reciprocity, is carried out by the Voivode of Mazovia at the request of the minister responsible for foreign affairs.
5.
If a foreign natural or legal person entrusts a vehicle to a Polish entity, the vehicle is registered by the competent authority for the place of residence (registered office) of the Polish entity specified in paragraph 1.
Art. 73a. Statutory duties of the mayor of a city with district rights
1.
The president of the city with district rights, having territorial jurisdiction over the seat of the provincial assembly:
1)
keeps records of individual license plates issued in the voivodeship;
2)
designates within the voivodeship for each registration authority the registration capacity for the following registration plates:
a) temporary and
b) single-row reduced and temporary vehicle registration plates, for a vehicle with reduced dimensions of the space designed to accommodate the registration plate.
2.
The register of individual license plates is kept in electronic or paper form.
3.
The registration capacities designated within the voivodeship for each registration authority for the registration plates referred to in paragraph 1 point 2, as well as the registration numbers of individual registration plates entered in the register of these plates, contain information on the voivodeship distinguishing feature and the vehicle distinguishing features or individual vehicle distinguishing features.
4.
The entry of an individual vehicle identification number into the register of individual registration plates takes place at the request of the registering authority, unless an identical individual vehicle identification number has been issued in the voivodeship for another vehicle.
5.
The president of the city with district rights, having territorial jurisdiction over the seat of the provincial assembly, shall make available to the registration authorities information from the register of individual license plates and the registration capacities referred to in paragraph 1 point 2.
6.
The register of individual license plates shall be maintained in a manner that protects against destruction and unauthorized access. The designation and provision of registration capacities referred to in paragraph 1, point 2 shall be made in a manner that protects against unauthorized access.
Article 73aa. Deadline for submitting an application for vehicle registration
1.
The owner of the vehicle is obliged to submit an application for its registration within 30 days from the date of:
1)
purchase of a vehicle in the territory of the Republic of Poland;
2)
admission to circulation by the National Tax Administration of a vehicle imported from the territory of a country that is not a Member State of the European Union;
3)
importing a vehicle into the territory of the Republic of Poland from the territory of a European Union Member State.
2.
In the case of acquisition of the vehicle referred to in paragraph 1 point 1 by way of inheritance, the period referred to in paragraph 1 runs from the date of the final court decision on the confirmation of inheritance or the preparation of the deed of inheritance certification.
3.
If the owner of the vehicle referred to in paragraph 1 is an entrepreneur conducting business activity in the territory of the Republic of Poland in the field of vehicle trading, he or she is obliged to submit an application for registration of the vehicle referred to in paragraph 1 within 90 days.
4.
The provision of paragraph 1 shall not apply to the authorized entity referred to in Article 80s paragraph 2, in relation to vehicles for which that authorized entity has a valid decision on professional vehicle registration .
5.
The provisions of paragraphs 1 and 3 shall not apply if the owner of a new vehicle is an entrepreneur conducting business activity in the territory of the Republic of Poland in the field of vehicle trade or vehicle production.
6.
The provisions of paragraph 1 point 1 shall not apply if, before the expiry of the deadlines referred to in paragraphs 1 or 3, the owner of a vehicle purchased and registered in the territory of the Republic of Poland has been issued with:
1)
a certificate of dismantling of the vehicle referred to in:
a) Article 79, Conditions for deregistering a vehicle, paragraph 2,
b) Article 24, Overtaking , paragraph 1, point 2, or Article 33 , Obligations and prohibitions concerning the rider of a bicycle or electric scooter, paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles (Journal of Laws of 2020, item 2056);
2)
a certificate of acceptance of an incomplete vehicle referred to in Article 25 , paragraph 1, or Article 33, paragraph 3, of the Act of 20 January 2005 on the recycling of end-of-life vehicles.
7.
The provisions of paragraph 1 point 1 shall not apply if the owner of a vehicle purchased in the territory of the Republic of Poland sells the vehicle before the expiry of the deadlines referred to in paragraph 1 or 3.
Article 73b. Contact points for the exchange of information on vehicles registered in other countries
1.
The minister responsible for computerization and the minister responsible for transport designate and manage contact points enabling the exchange of information on vehicles registered with Member States of the European Union or the European Free Trade Agreement (EFTA) – parties to the Agreement on the European Economic Area.
2.
The office supporting the minister responsible for computerization and the office supporting the minister responsible for transport shall inform the administrations of the Member States referred to in paragraph 1, competent for vehicle registration or records, about the designated contact points referred to in paragraph 1, specifying:
1)
the name of the office serving the minister running the contact point and the address of the registered office of that office;
2)
the scope of tasks performed by the contact point;
3)
details of the person operating the contact point: name, surname, position held and e-mail address of that person;
4)
e-mail address of the contact point.
3.
The contact point run by the minister responsible for computerization shall inform the competent authority for the registration or registration of vehicles of the Member State referred to in paragraph 1, or the appropriate designated contact point of that State, about the registration in the territory of the Republic of Poland of a vehicle imported from the Member State referred to in paragraph 1, providing the following vehicle data:
1)
identifying feature;
2)
registration number assigned in the territory of the Republic of Poland;
3)
the previous registration number from the Member State referred to in paragraph 1 from which the vehicle originates;
4)
date of registration in the territory of the Republic of Poland;
5)
other data, if the need to transmit them has been agreed with the competent authorities for the registration or registration of vehicles of the Member States referred to in paragraph 1.
4.
The data referred to in paragraph 3 shall be provided no later than the 20th day of the month following the month to which the data relate.
5.
The contact point maintained by the minister responsible for transport is designated to receive information from the competent authorities for vehicle registration or registry of the Member States referred to in paragraph 1, or designated contact points of those States, on the registration abroad of a vehicle originating in the territory of the Republic of Poland. The contact point maintained by the minister responsible for transport forwards the received information to the contact point maintained by the minister responsible for computerization, which, based on data collected in the central vehicle register, determines the national registration authority that previously registered the vehicle indicated in this information and forwards it to that authority.
6.
The activities referred to in paragraphs 3 and 5 may be performed using electronic means of communication or an IT system supporting the central vehicle register.
7.
The registration authority, when carrying out activities related to vehicle registration, shall cooperate with the competent registration authorities of the Member States referred to in paragraph 1, or with the relevant designated contact points of those States, in order to check, in justified cases, the legal status of the vehicle before its registration in the territory of the Republic of Poland, if the vehicle was previously registered in the territory of a Member State of the European Union or the European Free Trade Agreement (EFTA) – a party to the Agreement on the European Economic Area.
8.
If, in connection with the registration of a vehicle in the territory of the Republic of Poland, the Member State referred to in paragraph 1 requires the return of the registration certificate it issued, the return shall be made by the registration authority. The registration certificate shall be returned to the competent registration authority of the Member State referred to in paragraph 1 or to the relevant designated contact point of that State.
Art. 73c. ​​Authorization of a vehicle dealership to submit an application for vehicle registration and receive a decision
1.
The owner of a new motor vehicle, trailer or moped purchased at a motor vehicle, trailer or moped dealership may authorise that dealership or an authorised representative of that dealership to:
1)
submitting an application for vehicle registration or
2)
receipt of the decision on temporary vehicle registration, temporary permit and legalized registration plates.
2.
The authorization referred to in paragraph 1 shall be accompanied by a handwritten signature, a qualified electronic signature, a trusted signature or a personal signature, as appropriate.
3.
A motor vehicle, trailer or moped dealership or an authorized representative of such dealership shall immediately submit an application for vehicle registration using the electronic form available in the IT system indicated on the website of the Public Information Bulletin of the minister responsible for computerization.
4.
The vehicle registration application includes:
1)
name and surname or name of the vehicle owner;
2)
the address of the residence or registered office of the vehicle owner;
3)
delivery address;
4)
PESEL number or REGON identification number of the vehicle owner, and in the case of a foreigner who does not have a PESEL number – the series, number and name of the document confirming his/her identity and the name of the country that issued the document;
5)
date and place of birth of the vehicle owner;
6)
type of vehicle and its purpose;
7)
make, type, model of vehicle;
8)
year of vehicle manufacture;
9)
the VIN number or vehicle body, chassis or frame number;
10)
information on how the vehicle owner will collect the decision on vehicle registration and the registration certificate – at the office serving the registration authority or through a postal operator within the meaning of the Act of 23 November 2012 – Postal Law (Journal of Laws of 2023, item 1640 and of 2024, item 467) at the recipient’s expense, and information on how the decision on temporary vehicle registration, the temporary permit and legalised registration plates (plates) will be collected – at the office serving the registration authority by a motor vehicle, trailer or moped sales showroom or its authorised representative, or by the vehicle owner, or through a postal operator within the meaning of the Act of 23 November 2012 – Postal Law at the recipient’s expense, after sending them by the registration authority to the address of the motor vehicle, trailer or moped sales showroom or its authorised representative or to the address for delivery indicated in the application for vehicle registration;
11)
e-mail address, telephone number and address of the car, trailer or moped dealership or an authorized representative of that dealership.
5.
An application for vehicle registration may include an indication that the vehicle owner is requesting the issuance of:
1)
individual license plates;
2)
car plates reduced;
3)
additional license plate to mark the trunk covering the rear license plate.
6.
The application for vehicle registration must be accompanied by the original or a copy in electronic form:
1)
the authorization referred to in paragraph 1;
2)
proof of purchase of the vehicle;
3)
documents
referred to in Article 72, paragraph 1, point 3, 6 or 6a or paragraph 1b;
4)
confirmation of payment of fees for issuing a temporary permit, legalized registration plates and registration certificate;
5)
(repealed)
6)
confirmation of payment of the stamp duty for the granted power of attorney.
7.
Submitting the electronic form referred to in paragraph 3 constitutes confirmation of the compliance of the copies of the documents attached to the vehicle registration application with their originals.
8.
The fees referred to in paragraph 6 points 4 and 6 are the expense of the vehicle owner.
9.
The decision on temporary registration of the vehicle, temporary permit and legalized registration plates (plate) of the registering authority:
1)
hands it over to a motor vehicle, trailer or moped dealership or its authorized representative, or
2)
sends it to the address of the motor vehicle, trailer or moped sales showroom or its authorized representative, indicated in the vehicle registration application, via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law at the recipient's expense, or
3)
passes it on to the owner of the vehicle, or
4)
shall be sent to the vehicle owner at the delivery address indicated in the vehicle registration application via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law at the recipient's expense.
10.
The vehicle owner collects the decision on vehicle registration and the registration certificate from the office serving the registration authority or the registration authority sends these documents to the delivery address indicated in the application for vehicle registration via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law at the recipient's expense.
11.
The minister responsible for computerization, after consulting the minister responsible for transport, will determine the template of the application for vehicle registration in the form of an electronic document within the meaning of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks (Journal of Laws of 2024, item 307).
Art. 73d. Provision of contact details by the vehicle manufacturer's representative
1.
The vehicle manufacturer's representative in the Republic of Poland shall provide its contact point details to the Director of Transport Technical Inspection, including the name and address of the vehicle manufacturer's representative, their email address and telephone number, and the name and surname of the person representing the manufacturer's representative. This information shall be provided immediately after the manufacturer's representative is appointed, but no later than 30 days from the date of such appointment.
2.
The Director of Transport Technical Supervision maintains a database of contact points for vehicle manufacturer representatives in the Republic of Poland. This database includes the contact point details of the vehicle manufacturer representative referred to in paragraph 1, as well as the date the data was entered into the database.
3.
The vehicle manufacturer's representative in the territory of the Republic of Poland is obliged to notify the Director of Transport Technical Inspection of any change in the contact point details referred to in paragraph 1 and of the cessation of business by the vehicle manufacturer's representative immediately, but no later than 30 days from the date these circumstances occur. Based on this notification, the Director of Transport Technical Inspection updates the database of contact points for vehicle manufacturer representatives in the territory of the Republic of Poland.
4.
In order to facilitate the registration proceedings conducted by the registration authorities, the Director of Transport Technical Supervision provides the registration authorities with:
1)
a database of contact points of vehicle manufacturer representatives in the territory of the Republic of Poland,
2)
specimens of the required signatures on the issued documents referred to in art. 72 vehicle registration documents par. 1 point 3
– via the IT system referred to in art. 75e obligation to provide an IT system by the manufacturer of registration certificates par. 1. (On the date of implementation of technical solutions enabling registration authorities to perform tasks related to vehicle registration, temporary registration, temporary withdrawal from service, deregistration, professional registration of vehicles and maintaining the register of entrepreneurs running vehicle inspection stations in the IT system supporting the central register of vehicles, specified in the Communication published in the Journal of Laws, art. 73 vehicle registration d par. 4 in the introduction to the enumeration shall read as follows: – via the IT system supporting the central register of vehicles, referred to in art. 75e obligation to provide an IT system by the manufacturer of registration certificates par. 1.
Art. 74. Temporary vehicle registration
1.
Temporary registration of a vehicle is carried out, in the cases specified in paragraph 2, by the registration authority competent for the place of permanent residence (registered office) or temporary residence of the vehicle owner, by issuing a decision on temporary registration of the vehicle, a temporary permit and legalised registration plates (plates).
1a.
In the case referred to in paragraph 2 point 2 letter b, temporary registration may also be performed by the registration authority competent for the place of purchase of the vehicle or its collection in the territory of the Republic of Poland.
2.
Temporary registration is made:
1)
ex officio - after submitting an application for vehicle registration;
2)
at the request of the vehicle owner - in order to enable:
a) exporting the vehicle abroad,
b) transporting the vehicle from the place of purchase or collection to the territory of the Republic of Poland,
c) transporting the vehicle in connection with the need to carry out a technical inspection or repair.
3)
(repealed)
2a.
Temporary registration, referred to in paragraph 2, point 1, may be carried out despite the lack of documents attached to the registration application, referred to in Article 72, vehicle registration documents, paragraph 1, points 6 and 6a. These documents should be submitted before the registration certificate is issued.
2b.
Temporary registration of a vehicle is carried out conditionally if the vehicle owner submits a declaration that there will be no change in the ownership of the vehicle in the period from such registration to the issue of the registration certificate.
2c.
The provisions of paragraphs 2a and 2b shall not apply in the case of an application for vehicle registration submitted by a motor vehicle, trailer or moped sales showroom or an authorized representative of that showroom, referred to in Art . 73c, paragraph 1, point 1.
2ca.
Temporary registration of a passenger car intended for sports competitions is made at the request of the vehicle owner, in order to allow it to be used in road traffic for the duration of events organised by a Polish sports association within the meaning of the provisions of the Act of 25 June 2010 on sports, on designated roads enabling access, referred to in art. 65a obligations of the event organiser on the road paragraph 3 point 3 letter j.
2d.
The registration authority shall not perform the temporary registration referred to in paragraph 2 point 1 if the following conditions are met simultaneously:
1)
the vehicle was last registered in the territory of the Republic of Poland, and the owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, when submitting an application for vehicle registration, requests that the current registration number be retained;
2)
on the day of submitting the application for vehicle registration, the registration authority positively verified the data contained in the existing registration certificate in the central register of vehicles;
3)
in the current registration certificate there is a place for the registering authority to make an annotation with the following content: "On ... an application for vehicle registration was submitted in ..." and to enter the date and name of the office serving the authority making the annotation.
2e.
In the case referred to in paragraph 2d, the registering authority:
1)
legalizes existing registration plates;
2)
issues a decision on vehicle registration and a registration certificate.
2f.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, are obliged to collect the decision on vehicle registration and the registration certificate within 30 days from the date of submission of the application for vehicle registration.
3.
Temporary registration is for a period not exceeding 30 days. This period may be extended once by 14 days to clarify any issues related to the vehicle's registration.
3a.
Temporary registration referred to in paragraph 2ca shall be made for the period resulting from the date of the technical
inspection referred to in Article 81 , paragraph 11b.
4.
(repealed)
5.
After the expiry of the temporary registration period, the registration plates shall be returned to the authority that issued them, except for the case referred to in paragraph 2 point 2 letter a.
6.
If the vehicle owner intends to deregister the vehicle ex officio, as referred to in Article 79 , paragraph 3b, when submitting an application for temporary vehicle registration referred to in paragraph 2, point 2, letter a, they shall submit a declaration that the vehicle will be exported abroad. This declaration is submitted under penalty of criminal liability for making false declarations. The person submitting the declaration is required to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
Art. 74a. Duplicates of registration certificates, temporary permits and registration plates
1.
At the request of the vehicle
owner or the entity referred to in Article 73, paragraphs 2 and 5, the registration authority shall issue a duplicate of the registration certificate, a new registration certificate, a duplicate of the temporary permit, a duplicate of the registration plate(s) or new registration plate(s), after positive verification, on the day of submission of the application, in the central register of vehicles of the data contained in the previous registration certificate or the previous temporary permit, respectively.
2.
The owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the vehicle registration act , is obliged to immediately, but no later than within 30 days from the date of discovering the loss of the registration certificate or its destruction to the extent that it becomes illegible, submit to the registration authority an application for the issuance of a duplicate of the registration certificate and:
1)
submit a declaration of loss of the registration certificate – in the event of its loss;
2)
return the current registration certificate – if it is damaged to the extent that it becomes illegible.
3.
The owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the Vehicle Registration Act, may submit to the registration authority an application for a duplicate of the temporary permit in the event of its loss or destruction to the extent that it becomes illegible. When submitting this application, the owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the Vehicle Registration Act, is obliged to:
1)
submit a declaration of loss of a temporary permit – in the event of its loss;
2)
return the current temporary permit – if it is damaged to the extent that it becomes illegible.
4.
The owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, of the Vehicle Registration Act , is obliged to submit to the registration authority an application for the issuance of a new registration certificate in the event of:
1)
making structural changes to the vehicle or replacing elements that result in a change in the actual state of affairs in terms of the data contained in the existing registration certificate, or
2)
changes in the factual circumstances regarding the data of the current owner or keeper of the vehicle contained in the previous registration certificate
– within 30 days from the date on which the change in this situation occurred.
5.
The registration authority issues a new registration certificate also in the event of an application by the vehicle owner or the entity referred to in Article 73, vehicle registration, paragraphs 2 and 5:
1)
for the issuance of registration plates (plates) or their duplicates with a new registration number for the vehicle;
2)
if the existing registration certificate does not provide enough space to make the annotation referred to in Article 75, paragraph 1 of the Vehicle Use Reservation ;
3)
when the owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, expressed their will to replace the registration certificate, if the diagnostician has completed all the fields in the registration certificate intended for entering the date of the next technical inspection of the vehicle.
6.
In the case of the application referred to in paragraphs 4 and 5, on the date of submission of the application, the registering authority shall make an annotation in the existing registration certificate, if space allows, stating: "On ... an application for a new registration certificate was submitted in ..." and shall enter the date and name of the office serving the authority making the annotation. The existing registration certificate is valid until a new registration certificate is issued.
7.
After producing a duplicate registration certificate or a new registration certificate, the registration authority issues it, and the vehicle owner or the entity referred to in Article 73 (Vehicle Registration), paragraphs 2 and 5, is obliged to collect the duplicate registration certificate or the new registration certificate within 30 days of submitting the application for their issuance. At the request of the vehicle owner or the entity referred to in Article 73 (Vehicle Registration) , paragraphs 2 and 5, the registration authority sends the duplicate registration certificate or the new registration certificate via a postal operator within the meaning of the Act of 23 November 2012 - Postal Law, at the recipient's expense.
8.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, are obliged to immediately, but no later than within 30 days from the date of discovering the loss or destruction of the registration plates, submit to the registration authority an application for the issuance of a duplicate of the registration plates and:
1)
submit a declaration of loss of registration plates (plates) – in the event of their loss;
2)
return damaged license plates (plates) – in case they are damaged.
9.
In the case of the application referred to in paragraphs 2, 4, 5, and 8, the registration authority, on the date of submission of the application, shall issue, at the request of the vehicle owner or the entity referred to in Article 73 , paragraphs 2 and 5, a temporary permit and legalized registration plates. The temporary permit and legalized registration plates are valid until a duplicate registration certificate, a new registration certificate, a duplicate registration plate, or new registration plates are issued, respectively.
10.
The declarations referred to in paragraph 2 point 1, paragraph 3 point 1, and paragraph 8 point 1 are submitted under pain of criminal liability for making false declarations. The person submitting the declaration is obligated to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
11.
In the cases referred to in paragraph 8, the vehicle owner or the entity referred to in Article 73, paragraphs 2 and 5, may submit to the registration authority an application for the issuance of legalized registration plates (plates) with a new registration number for the vehicle. In such a case, the registration authority issues a new vehicle registration decision, legalized registration plates (plates) with a new registration number for the vehicle, and a new registration certificate.
12.
The provisions of paragraph 8 shall apply
to the application for the issue of a duplicate of an additional legalised registration plate referred to in Article 73, vehicle registration , paragraph 1b.
13.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, may return to the registration authority an additional legalised registration plate referred to in Article 73, Vehicle Registration, paragraph 1b, or its duplicate upon presentation of the registration certificate.
Art. 74b. Procedure for dealing with license plates withdrawn from use
1.
Registration plates transferred to the registration authority as a result of their exchange or return and deregistration or re-registration of the vehicle, which are withdrawn from use, shall be transferred by the registration authority to the entrepreneur referred to in Article 75a paragraph 2, producing registration plates at the request of that registration authority.
2.
The entrepreneur referred to in Article 75a , paragraph 2, shall collect
the withdrawn registration plates referred to in paragraph 1 at his own expense from the office serving the registration authority, destroy them and dispose of them in accordance with the waste regulations.
Art. 75. Reservations regarding the use of the vehicle
1.
If the use of the vehicle is subject to special conditions specified in the regulations, the registration authority shall enter an appropriate reservation in the registration certificate or temporary permit.
2.
Registration certificates, temporary permits, legalized license plates, and their duplicates are issued for a fee. The fee is collected by the registering authority.
3.
It is prohibited to register a vehicle assembled outside the manufacturer's premises, with the exception of a "SAM" brand vehicle and a historic vehicle.
Article 75a. Production of license plates and their duplicates
1.
The production of license plates, including professional license plates, and duplicate license plates is a regulated activity within the meaning of the Act of 6 March 2018 – Entrepreneurs' Law (Journal of Laws of 2024, item 236) and requires entry in the register of entrepreneurs producing license plates, hereinafter referred to as the "register". Whenever this provision and Articles 75aa-75c refer to license plates, this shall also be understood to include duplicates thereof, however, this does not apply to professional license plates.
2.
The activity referred to in paragraph 1 may be performed by an entrepreneur who meets the following conditions:
1)
has the technical capabilities to guarantee the production of license plates or materials used for their production in accordance with the technical requirements; this condition does not apply to entrepreneurs importing materials used for the production of license plates from abroad;
2)
has a certificate of compliance of license plates or materials used for their production with technical conditions;
3)
is not an entity in respect of which bankruptcy or liquidation proceedings have been initiated;
4)
is not in arrears with the payment of taxes, fees or social security contributions;
5)
has not been finally convicted of an offence committed for the purpose of obtaining financial benefits or an offence against documents - applies to a natural person or members of the bodies of a legal person.
3.
The entity producing license plates referred to in paragraph 2 is deemed to be:
1)
producing license plates with embossed registration numbers;
2)
producing license plates without embossed registration numbers;
3)
embossing registration numbers;
4)
producing or importing from abroad materials of particular importance for the production of license plates;
5)
processing materials of particular importance for the production of license plates.
4.
License plates are manufactured only to order:
1)
the authority competent for vehicle registration - with embossed registration numbers;
2)
entrepreneur referred to in paragraph 3 point 3 - without embossed registration numbers.
5.
The materials referred to in paragraph 3 points 4 and 5 are processed, produced or imported from abroad at the request of the entrepreneur referred to in paragraph 2.
6.
The entrepreneur referred to in paragraph 2 keeps records of:
1)
materials for the production of license plates referred to in paragraph 3 points 4 and 5;
2)
license plates produced;
3)
license plates sold.
Article 75aa. Competence of the authority responsible for maintaining the register of license plate manufacturers
1.
The authority competent to maintain the register is the voivodeship marshal with jurisdiction over the entrepreneur’s registered office.
2.
The register may be kept in an IT system.
3.
The relevant voivodeship marshal shall ex officio correct any entry in the register containing obvious errors or inconsistencies with the factual situation.
4.
In the event of a change in the data entered in the register, the entrepreneur is obliged to submit an application to change the entry in the register within 14 days from the date on which the change in the data occurred.
Art. 75ab. Entry into the register of license plate manufacturers
1.
Entry into the register is made on the basis of an application from the entrepreneur, containing the following data:
1)
the entrepreneur's name and registered office and address or residential address;
2)
number in the register of entrepreneurs in the National Court Register, if the entrepreneur has such a number;
3)
Tax Identification Number (NIP);
4)
the registered office
address and addresses of the units where the activity referred to in Article 75a , paragraph 1, will be performed;
5)
the entrepreneur's signature and the date and place of submission of the application.
2.
Together with the application, the entrepreneur submits:
1)
a declaration of possession of the certificate referred to in Article 75a, paragraph 2, point 2, production of registration plates and their duplicates , together with data enabling its identification;
2)
a certificate or declaration of no criminal record for an offence committed for the purpose of obtaining financial benefits or an offence against documents:
a) of an entrepreneur, if he is a natural person,
b) of persons - members of the authorities of a legal person or an organisational unit without legal personality and
3)
a declaration of the following content:
"I declare that:
1)
the data contained in the application for entry in the register is complete and true;
2)
I am aware of and meet the specific conditions for conducting the activity referred to in Article 75a, production of registration plates and their duplicates , paragraphs 1 and 2 of the Act of 20 June 1997 - Road Traffic Law;
3)
I have a current document specifying the status of an entity that is a legal person or an organizational unit without legal personality, or a document confirming identity in the case of a natural person.
3.
The declaration referred to in paragraph 2, point 2, is submitted under pain of criminal liability for making a false statement. The person submitting the declaration is obligated to include the following clause: "I am aware of the criminal liability for making a false statement." This clause replaces the authority's notice of criminal liability for making a false statement.
4.
The declaration referred to in paragraph 2 point 3 should also include:
1)
the entrepreneur's name and registered office and address or residential address;
2)
designation of the place and date of submission of the declaration;
3)
signature of the person authorized to represent the entrepreneur, indicating the name and surname and function performed.
5.
The minister responsible for transport will specify the template of the application referred to in paragraph 1, containing a declaration of possession of the certificate referred to in Article 75a, paragraph 2, point 2, production of license plates and their duplicates , together with data enabling its identification, in the form of an electronic document within the meaning of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
Art. 75ac. Scope of data subject to entry in the register of license plate manufacturers
1.
The data subject to entry in the register are the data specified in Article 75ab, entry in the register of manufacturers of registration plates , paragraph 1, points 1-4, and information on the certificate referred to in Article 75a, production of registration plates and their duplicates , paragraph 2, point 2.
2.
An entry in the register also includes the deletion or change of an entry.
3.
When issuing ex officio a certificate of entry in the register, the competent voivodeship marshal specifies therein the scope of the entrepreneur’s activity in the field of production of license plates, in accordance with Article 75a, paragraph 3,
production of license plates and their duplicates .
Art. 75ad. Gross violation of the conditions of activity in the field of license plate production
A gross violation of the conditions for conducting business in the field of license plate production is a violation of the conditions referred to in Article 75a production of license plates and their duplicates , paragraph 2, points 2, 3 and 5 and paragraphs 4 and 5, and specified in the provisions on the conditions and method of production and distribution of license plates.
Art. 75ae. Deadline for entering an entrepreneur into the register
1.
The competent voivodeship marshal is obliged to enter the entrepreneur into the register within 7 days from the date of receipt of the application for entry together with the documents referred to in Article 75ab, paragraph 2, entry into the register of license plate manufacturers .
2.
If the relevant voivodeship marshal fails to make the entry within the deadline referred to in paragraph 1, and 14 days have passed since the application was received, the entrepreneur may commence business operations. This does not apply if the voivodeship marshal has requested the entrepreneur to supplement the application for entry no later than 7 days after its receipt. In such a situation, the deadline referred to in the first sentence shall run from the date the supplemented application for entry is received.
Art. 75af. Decision to prohibit an entrepreneur from performing activities covered by an entry in the register
1.
The competent voivodeship marshal issues a decision prohibiting the entrepreneur from carrying out the activity covered by the entry if:
1)
the entrepreneur submitted a declaration referred to in Article 75ab entry in the register of license plate producers , paragraph 2, point 3, which is inconsistent with the factual circumstances;
2)
the entrepreneur did not remove the violations of the conditions required by law to perform regulated activities within the time limit set by the marshal;
3)
finds a gross violation of the conditions required by law to perform the regulated activity by the entrepreneur.
2.
The decision referred to in paragraph 1 is subject to immediate execution.
3.
Before issuing a decision pursuant to paragraph 1 point 2, the voivodeship marshal shall set a deadline for eliminating the identified violations.
4.
If the decision referred to in paragraph 1 is issued, the voivodeship marshal shall ex officio remove the entrepreneur from the register.
5.
In the event of issuing the decision referred to in paragraph 1, if the entrepreneur conducts business activities covered by the entry also on the basis of entries in other registers of regulated activities in the same scope of business activities, the entrepreneur shall be deleted ex officio from these registers of regulated activities as well.
Article 75ag. Re-entry of an entrepreneur into the register in the same scope of business activity
1.
An entrepreneur who has been removed from the register may be re-entered into the register in the same scope of business activity no earlier than after 3 years from the date of issuing the decision referred to in Article 75af, decision prohibiting the entrepreneur from conducting activities covered by the entry in the register, paragraph 1.
2.
The provisions of paragraph 1 apply to entrepreneurs who have conducted business activities without being entered in the register. This does not apply to the situation specified in Article 75ae paragraph 2.
Art. 75ah. Removal of an entrepreneur from the register
The competent voivodeship marshal removes the entrepreneur from the register at his request, as well as after obtaining information from the Central Registration and Information on Business or the National Court Register about the entrepreneur’s removal.
Article 75b. Legalization of license plates
The authority responsible for registration legalises registration plates, including professional registration plates, by placing a legalisation mark on them.
Art. 75ba. Technical conditions and model of the legalization mark for license plates
The technical conditions and the design of the legalisation mark used to legalise professional registration plates (plates) are consistent with the technical conditions and the design of the legalisation sticker specified in the regulations issued pursuant to Art. 75c of the Regulation on the conditions for the production of plates and the procedure for their legalisation, point 2.
Art. 75c. Regulation on the conditions of production of number plates and the procedure for their legalization
The Minister responsible for transport, taking into account the need to properly secure the trade in license plates and materials of particular importance for the production of license plates, shall determine, by way of a regulation:
1)
conditions of production and detailed method of distribution of registration plates and legalisation marks and
keeping records referred to in Article 75a, paragraph 6;
2)
the procedure for legalisation of registration plates, technical conditions and the model of the legalisation mark referred to in Article 75b legalisation of registration plates ;
3)
materials of particular importance for the production of license plates.
Art. 75ca. Regulation on the production and distribution of license plates and legalization marks
The Minister responsible for transport, taking into account the need to properly secure the trade in professional registration plates and materials of particular importance for the production of these plates, shall determine, by way of a regulation:
1)
conditions of production and detailed method of distribution of professional registration plates and legalisation marks, materials of particular importance for the production of these plates and
conditions of keeping records referred to in Article 75a , paragraph 6, regarding professional registration plates;
2)
procedure for legalization of professional license plates.
Art. 75d. Repealed
Art. 75e. Obligation to provide an ICT system by the manufacturer of registration certificates
1.
The manufacturer of registration certificates provides an IT system enabling the performance of the tasks of registration authorities in the field of registration, temporary registration, temporary withdrawal from service, deregistration and professional registration of vehicles, including the process of production, personalisation and distribution of documents related to the performance of these tasks.
2.
The IT system referred to in paragraph 1 ensures the integrity of the link between the process of generating documents related to the implementation of the tasks referred to in paragraph 1 and the data collected in the central register of vehicles, taking into account the referential nature of this data in the implementation of these tasks.
3.
The IT system referred to in paragraph 1 shall provide at least functionalities consistent with the IT system supporting the central vehicle register.
4.
The minister responsible for computerization supervises the interoperability of the IT system referred to in paragraph 1 with the IT system supporting the central register of vehicles.
5.
The minister responsible for computerization concludes an agreement with the manufacturer of registration certificates regulating:
1)
principles of cooperation in the scope of:
a) determining the nature and scope of changes adapting the IT system referred to in paragraph 1 to changes in the IT system supporting the central register of vehicles,
b) providing the minister responsible for computerization with information and technical experience, including documentation, concerning the IT system referred to in paragraph 1, necessary for the minister to exercise supervision referred to in paragraph 4;
2)
fees for implementing changes and for providing information and technical experience referred to in point 1.
6.
The costs related to the conclusion and implementation of the agreement referred to in paragraph 5 are financed from the resources of the Fund – Central Register of Vehicles and Drivers.
7.
The manufacturer of the registration certificate enables the reading of data encoded in the registration
certificate by entities referred to in Article 80c , paragraphs 1 and 2a, provided that they are necessary to perform their statutory tasks, at the request of the entity concerned, or to other entities through the entities referred to in Article 80c, paragraphs 1 and 2a. The request includes the name and address of the applicant and the purpose of reading the data encoded in the registration certificate.
8.
The manufacturer of the registration certificate presents to the applicant the conditions for enabling the reading of data encoded in the registration certificate, including the costs associated with it.
9.
After agreeing on the conditions referred to in paragraph 8, the manufacturer of the registration certificate grants the applicant, for a specified period and in specific fields of use, a license to use a library enabling the reading of data encoded in the registration certificate. On the date of implementation of technical solutions enabling registration authorities to perform tasks related to vehicle registration, temporary registration, temporary withdrawal from service, deregistration, professional registration of vehicles and maintaining the register of entrepreneurs operating vehicle inspection stations in the IT system supporting the central register of vehicles, specified in the Communication published in the Journal of Laws - Art. 75 of the vehicle use restriction shall read::) 1. The manufacturer of registration certificates shall provide an IT system supporting the process of creating, personalizing and distributing documents and vehicle markings integrated with the IT system supporting the central register of vehicles, in which the registration authority performs tasks related to vehicle registration, temporary registration, temporary withdrawal from service, deregistration and professional registration of vehicles and maintaining the register of entrepreneurs operating vehicle inspection stations.
2.
The IT system provided by the manufacturer of registration certificates collects the data necessary for the process of production, personalisation and distribution of documents and vehicle markings from the central vehicle register.
3.
(repealed)
4.
(repealed)
5.
(repealed)
6.
(repealed)
7.
The manufacturer of the registration certificate enables the reading of data encoded in the registration
certificate by entities referred to in Article 80c , paragraphs 1 and 2a, provided that they are necessary to perform their statutory tasks, at the request of the entity concerned, or to other entities through the entities referred to in Article 80c, paragraphs 1 and 2a. The request includes the name and address of the applicant and the purpose of reading the data encoded in the registration certificate.
8.
The manufacturer of the registration certificate presents to the applicant the conditions for enabling the reading of data encoded in the registration certificate, including the costs associated with it.
9.
After agreeing on the conditions referred to in paragraph 8, the manufacturer of the registration certificate grants the applicant, for a specified period and in specific fields of use, a license to use the library enabling the reading of data encoded in the registration certificate.
Art. 76. Regulations on the conditions and procedure for vehicle registration and the distribution of blank forms
1.
The minister responsible for transport shall determine, by regulation:
1)
in consultation with the minister responsible for computerization, the minister responsible for internal affairs and the Minister of National Defence:
a) conditions and procedure for registration, temporary registration and deregistration of vehicles, subject to paragraph 2-3, and templates of:
– registration certificate and temporary permit and their description,
– registration plates and other plates, identifying features and markings supplied with the vehicle, as well as their description and the method of affixing them,
b) conditions for the distribution of blank registration certificates and temporary permits,
c) detailed technical requirements for registration plates and the scope and method of their testing,
d) templates of other documents related to vehicle registration:
– application for registration, temporary registration, deregistration of a vehicle or notification of the sale of a vehicle,
– decision on registration, temporary registration or deregistration of a vehicle,
– application for a duplicate of a registration certificate, a duplicate of a temporary permit, a duplicate of registration plates (plate), a new registration certificate or registration plates (plate) with a new registration number for the vehicle,
– certificate confirming the data contained in a lost registration certificate,
– application for an additional legalised registration plate to mark the trunk covering the rear registration plate for a vehicle registered in the territory of the Republic of Poland;
2)
the amount of fees for issuing a registration certificate, temporary permit and legalised registration plates (plates) and their duplicates;
3)
in consultation with the minister responsible for computerization, detailed activities of the authorities in matters related to vehicle approval for road traffic and templates of documents in these matters.
2.
The Minister of National Defence, in consultation with the minister responsible for computerization, the minister responsible for transport and the minister responsible for internal affairs, shall determine, by way of a regulation, the conditions and procedure for registration and templates of registration certificates and registration plates of vehicles of the Armed Forces of the Republic of Poland and vehicles belonging to foreign armed forces staying on the territory of the Republic of Poland, on the basis of international agreements referred to in Article 73 paragraph 2b, vehicle registration , as well as the organizational units competent in these matters.
2a.
The Minister of National Defence, in consultation with the minister responsible for computerisation, the minister responsible for transport and the minister responsible for internal affairs, shall determine, by way of a regulation, the conditions and procedure for registration and the templates of the registration certificate and registration plates of vehicles of the Military Counterintelligence Service and the Military Intelligence Service, as well as the organisational units competent in these matters.
3.
The minister responsible for internal affairs, in consultation with the minister responsible for transport, the minister responsible for public finances, the minister responsible for computerization and the Minister of National Defence, and after consulting the Head of the Internal Security Agency, the Head of the Intelligence Agency, the Head of the Central Anti-Corruption Bureau, shall determine, by way of a regulation, the conditions and procedure for registration as well as the templates of the registration certificate and registration plates of vehicles of the State Protection Service, the Police, the Internal Security Agency, the Intelligence Agency, the Central Anti-Corruption Bureau, the Border Guard, the National Revenue Administration used by the Customs and Tax Service, as well as the organizational units competent in these matters.
4.
The Prime Minister, taking into account the requirements arising from the obligation to protect classified information, will determine, by way of an order not subject to publication:
1)
conditions and procedure for registering vehicles of the Ministry of Internal Affairs, National Defence, Internal Security Agency, Foreign Intelligence Agency, Military Counterintelligence Service, Military Intelligence Service, Central Anticorruption Bureau and National Revenue Administration used by the Customs and Tax Service, used to conduct operational and reconnaissance activities;
2)
specific procedure and conditions for submitting blank registration certificates, temporary permits and other documents required for registration and registration
plates referred to in Article 73 , paragraph 3a;
3)
specific requirements for personalizing these forms.
5.
The regulations referred to in paragraphs 1-3 should take into account in particular:
1)
the need to prevent stolen vehicles from being put into circulation;
2)
proper securing of documents related to registration, license plates and other markings;
2a)
the need to standardize vehicle registration documents and the method of marking vehicles;
3)
costs of public administration activities in matters of vehicle registration;
4)
the manner of using the vehicles referred to in paragraphs 2-3 when performing tasks specified in the regulations concerning the State Protection Service, the Police, the Internal Security Agency, the Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the Border Guard and the National Fiscal Administration.
Art. 77. Repealed
Art. 78. Documents provided to the buyer upon sale of a vehicle
1.
In the event of transfer of ownership of a registered vehicle to another person, the previous owner shall provide the new owner with the registration certificate and a certificate of the vehicle's technical inspection, if the registration certificate does not specify the current validity period of the technical inspection.
1a.
In the event of transfer of ownership of a vehicle temporarily withdrawn from service to another person, the previous owner shall communicate to the new owner the decision on the temporary withdrawal of the vehicle.
2.
The owner of a vehicle registered in the territory of the Republic of Poland is obliged to notify the starosta (starosta) within a period not exceeding 30 days about:
1)
disposal of the vehicle;
2)
a change in the factual circumstances requiring a change in the data contained in the registration certificate.
2a.
The notification referred to in paragraph 2 point 1 shall be submitted by the vehicle owner to the staroste competent for the place of residence (registered office) or temporary residence, and if the owner is a multi-employer enterprise or other entity comprising separate organizational units – to the staroste competent for the place of registration of the vehicle.
2b.
In the case of joint ownership of a vehicle, for the notification of the sale of the vehicle to be effective, notification by one of the joint owners of the vehicle is sufficient.
3.
(repealed)
4.
The owner or keeper of a vehicle is obliged to indicate, at the request of an authorized body, to whom he has entrusted the vehicle for driving or use during a specified period, unless the vehicle was used against his will and knowledge by an unknown person, which he could not prevent.
5.
If the owner or keeper of the vehicle is:
1)
legal person,
2)
an organizational unit without legal personality, to which separate provisions grant legal capacity,
3)
local government unit,
4)
capital company in organization,
5)
entity in liquidation,
6)
an entrepreneur who is not a natural person,
7)
foreign organizational unit
- the person designated by the body authorized to represent this entity externally is obliged to provide the information referred to in paragraph 4, and in the case of failure to designate such a person - the persons included in this body in accordance with the request of the body referred to in paragraph 4 and the manner of representing the entity.
Art. 78a. Temporary withdrawal of a vehicle from traffic
1.
The temporary withdrawal of a vehicle from road traffic is carried out, at the request of the owner of the vehicle or the entity referred to in Article 73, paragraphs 2 and 5, by the registration authority competent for the place of last registration of the vehicle, by issuing a decision on the temporary withdrawal of the vehicle from road traffic.
2.
Temporary withdrawal, at the request of the entities referred to in paragraph 1, shall apply to the registered:
1)
trucks and trailers with a maximum permissible weight of 3.5 tonnes;
2)
truck tractors;
3)
special vehicles;
4)
buses;
5)
passenger cars in connection with the need to repair the vehicle resulting from damage to the essential load-bearing elements of the structure:
a) in the cases referred to in Article 81 technical inspections , paragraph 11, point 1, letter b and point 6,
b) in the event of significant damage.
3.
The decision to temporarily withdraw a vehicle from road traffic is issued, for a fee, by the authority referred to in paragraph 1, after the vehicle owner or the entity referred to in Article 73, paragraphs 2 and 5, deposits the registration certificate and registration plates with that authority.
4.
The vehicle referred to in paragraph 2, points 1–4, may be temporarily withdrawn from road traffic for a period of 2 to 24 months. This period may be extended, but the total period of withdrawal of the vehicle from road traffic may not exceed 48 months from the date of issuance of the decision to temporarily withdraw it from road traffic.
4a.
A passenger car may be temporarily withdrawn from road traffic for a period of 3 to 12 months without the possibility of extending this period and not earlier than after 3 years from the date on which the period of temporary withdrawal specified in the last decision on its temporary withdrawal from road traffic expired.
4b.
In the case of a passenger car, the vehicle owner or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, when submitting an application for temporary withdrawal of the vehicle from road traffic, shall submit a declaration that the vehicle requires repairs due to damage to the essential load-bearing components of the structure in the cases referred to in Article 81, Technical Inspections , paragraph 11, point 1, letter b, and point 6, or in the event of significant damage. This declaration is submitted under penalty of criminal liability for making false declarations. The person submitting the declaration is obliged to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
4c.
The condition for a passenger car to be admitted to service after its temporary withdrawal is an additional technical inspection of the vehicle, confirmed by the Central Vehicle Register. If the Central Vehicle Register does not contain information about the additional technical inspection, roadworthiness is granted based on the submitted certificate of the additional technical inspection.
5.
The owner of the vehicle or the entity referred to in Article 73, Vehicle Registration, paragraphs 2 and 5, is obliged to ensure that the vehicle withdrawn from use is parked outside of a public road, residential zone, or traffic zone. The provisions of Article 46, Vehicle Stopping and Parking - General Rules , paragraph 5, apply accordingly.
6.
The minister responsible for transport shall determine, by way of a regulation, the procedure and conditions for the temporary withdrawal of vehicles from road traffic, the amount of fees depending on the period of withdrawal from road traffic, in an amount not higher than PLN 150, and the templates of documents used in this respect, taking into account the need to prevent the use of vehicles temporarily withdrawn from road traffic and the costs borne by public administration bodies.
Art. 78b. Fees for issuing registration documents and vehicle cards
Issuance fee:
1)
registration certificate, temporary permit, legalized registration plates (plates) and their duplicates, referred to in Article 75, paragraph 2 of the Vehicle Use Reservation Act ,
2)
(repealed)
3)
decision on the temporary withdrawal of the vehicle from
traffic, referred to in Article 78a , paragraph 3,
4)
decisions on professional registration of vehicles, blank professional registration certificates and legalized professional registration plates (plates) referred to in Article 80t , paragraph 2
– constitute the income of the district.
Art. 79. Grounds for deregistering a vehicle
1.
The vehicle is subject to deregistration by the competent authority for the place of last registration of the vehicle, at the request of its owner, in the event of:
1)
handing over the vehicle to an entrepreneur operating a dismantling station or an entrepreneur operating a vehicle collection point, on the basis of the certificate of vehicle dismantling referred to in paragraph 2 or in Article 24 , paragraph 1, point 2, or Article 33, paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or an equivalent document issued in another country;
2)
theft of a vehicle if its owner has made an appropriate declaration under penalty of perjury;
3)
exporting the vehicle from the country if the vehicle was registered abroad or sold abroad;
4)
destruction (scrapping) of the vehicle abroad;
5)
documented permanent and complete loss of vehicle possession without any change in ownership rights;
6)
handing over an incomplete vehicle to an entrepreneur operating a dismantling station or an entrepreneur operating a vehicle collection point, on the basis of a certificate of acceptance of an incomplete vehicle referred to in Article 25, paragraph 1, or Article 33 , paragraph 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or an equivalent document issued in another country;
7)
withdrawal of the vehicle from circulation, referred to in Article 41, respectively Regulation 167/2013, Article 46 Regulation 168/2013 or Article 51 Regulation 2018/858.
1a.
In the case referred to in paragraph 1 point 3, the vehicle is subject to deregistration at the request of the vehicle owner who is the seller or buyer of the vehicle exported abroad.
2.
In the event of handing over to an entrepreneur operating a dismantling station or an entrepreneur operating a vehicle collection point a vehicle other than the one specified in art. 3 catalogue of statutory terms point 4 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, for the purpose of deregistering it, the entrepreneur shall issue a certificate of dismantling of that vehicle, meeting the requirements specified for the certificate referred to in art. 24 invalidation of vehicle documents and certificate of dismantling of a vehicle par. 1 point 2 or art. 33 appropriate application of the provisions of the Act to the operator of a vehicle collection point par. 3 of that Act.
3.
In the event of failure by the vehicle owner to submit the certificate of dismantling of the vehicle referred to in par. 2 or in Art. 24 invalidation of vehicle documents and certificate of dismantling of the vehicle par. 1 point 2 or Art. 33 appropriate application of the provisions of the Act to the operator of a vehicle collection point par. 3 of the Act of 20 January 2005 on the recycling of end-of-life vehicles, or the certificate of acceptance of an incomplete vehicle referred to in Art. 25 driver's behaviour at an intersection par. 1 or Art. 33 appropriate application of the provisions of the Act to the operator of a vehicle collection point par. 3 of that Act, or an equivalent document issued in another country, the registering authority, after 30 days from the date of receipt of information from the data controller and the information collected in the register on the transfer by the dismantling station or vehicle collection point of the data referred to in Art. 80b data in the central register of vehicles par. 1 point 16, shall deregister the vehicle ex officio. 3. The registration authority shall deregister the vehicle ex officio on the basis of information received from the data controller and information collected in the central register of vehicles on the transfer by the dismantling station or vehicle collection point of the data referred to in art. 80b data in the central register of vehicles par. 1 point 16, immediately after the date of receipt of this information, if by that date the vehicle owner has not submitted an application for deregistration of the vehicle on the basis of par. 1 point 1 or 6. ( art. 79 grounds for deregistration of the vehicle par. 3 in this wording comes into force on the date of implementation of technical solutions enabling the transfer by entrepreneurs operating dismantling stations or vehicle collection points to the central register of vehicles of data on the dismantling of a vehicle or the acceptance of an incomplete vehicle, specified in the announcement published in the Journal of Laws and the Public Information Bulletin.)
3a.
In the event of receiving information from the vehicle registration authority of a Member State other than the Republic of Poland about the registration of a vehicle, the registration authority shall deregister the vehicle ex officio.
3b.
The registration authority shall deregister the vehicle ex officio if a temporary permit has been issued pursuant to Article 74, paragraph 2, point 2, letter a, and the vehicle owner has submitted the declaration referred to in Article 74, paragraph 6, temporary registration of the vehicle .
4.
A deregistered vehicle is not subject to re-registration, except for a vehicle:
1)
recovered after theft;
2)
historic;
3)
at least 25 years old and recognised by a car appraiser as unique or of particular importance for documenting the history of the automotive industry;
4)
tractor and agricultural trailer;
5)
exported from the country or sold abroad, referred to in paragraph 1 point 3.
5.
In the case referred to in paragraph 1, point 5, the condition for deregistration of a vehicle is that the vehicle owner pays a fee to the municipality for the implementation of tasks related to maintaining cleanliness and order in municipalities. This provision does not apply to vehicles operated by the Police or fire protection units.
6.
The minister responsible for public administration, taking into account in particular the costs incurred by municipalities related to the removal of the negative effects of the loss of a vehicle and the costs related to the removal of wrecks, shall determine, by way of a regulation, the amount of the fee referred to in paragraph 5.
Art. 79a. Car appraiser
1.
A car appraiser is a person who:
1)
(repealed)
2)
has at least secondary or secondary vocational education;
3)
has 2 years of professional experience in the automotive field;
4)
holds a driving license of category A, B and C1 or C;
5)
has not been convicted by a court for an intentional crime;
6)
holds a certificate in the field of automotive appraisal issued by a body accredited in the Polish accreditation system;
7)
was entered on the list of car appraisers.
1a.
The requirement referred to in paragraph 1 point 3 does not apply to persons who hold a higher education diploma in a field of study in the field of technical sciences with a specialization in automotive engineering.
2.
The minister responsible for transport shall enter a person who meets the requirements specified in paragraph 1, points 2-6, on the list of motor vehicle appraisers and shall confirm the entry by issuing a certificate.
3.
The entry is made for a fee, for the period resulting from the validity period of the certificate referred to in paragraph 1 point 6.
4.
The list of car appraisers includes the name and surname of the appraiser and his identification number.
5.
The list of appraisers is publicly available.
6.
The minister responsible for transport maintains a register and list of car appraisers.
7.
The minister responsible for transport removes an appraiser from the list of car appraisers:
1)
after the deadline referred to in paragraph 3;
2)
does not meet the requirements referred to in paragraph 1 points 2-6;
3)
in the event of the appraiser's death.
8.
The minister responsible for transport will determine, by regulation, the fee for entry on the list of car appraisers and the templates of the related documents, in particular the certificate confirming the entry.
Art. 79b. Change of address of the vehicle owner resulting in exemption from fees for issuing a new registration certificate
If a change in the factual circumstances regarding the address of the owner or keeper of the vehicle, requiring the issuance of a new vehicle registration certificate or new blank professional registration certificates, is caused by administrative changes, the district council may, by way of a resolution, reduce the fee or exempt from its payment the persons obliged to apply for the issuance of these documents.
Art. 79c. Validity of documents, registration plates and legalization marks in the event of a change of the name of the district or town
In the event of the creation, merger, division or abolition of counties or a change in the name of a county or locality, registration certificates, blank professional registration certificates, temporary permits, registration plates, professional registration plates and legalization marks issued before the date of entry into force of the provisions creating, merging, dividing or abolishing counties or changing the name of a county or locality shall remain valid.
Art. 80. Prohibition of entrusting certain tasks and competences to municipalities by way of agreement
The tasks and competences specified in Article 73 ( Vehicle Registration), paragraphs 1 and 2, Article 74 (Temporary Vehicle Registration) , paragraph 1, Article 74a (Duplicates of Registration Certificates, Temporary Permits and Registration Plates ), paragraph 1, Article 75 (Reservations on the Use of a Vehicle) , Article 78a (Temporary Withdrawal of a Vehicle from Road Traffic) , paragraph 1, Article 79 (Grounds for Deregistration of a Vehicle) , paragraph 1, and Article 80t (Procedure for Applying for a Decision on Professional Vehicle Registration) , paragraph 2, may not be entrusted to a municipality by agreement. This provision does not apply to the Capital City of Warsaw.
Chapter 2a. Central vehicle registry
Central vehicle register
1.
A central register of vehicles, hereinafter referred to as the "register", is established.
2.
The register collects data on the following vehicles:
1)
registered pursuant to Article 73 Vehicle registration or Article 74 Temporary vehicle registration and their owners or certain categories of holders;
2)
in respect of which a final decision has been issued annulling a decision issued under Article 73 ( vehicle registration) or Article 74 (temporary vehicle registration) , or a decision declaring the invalidity of a decision issued under Article 73 ( vehicle registration) or Article 74 (temporary vehicle registration) , or a refusal decision has been issued under Article 74 (temporary vehicle registration ), or a decision discontinuing the proceedings after a decision has been issued under Article 74 (temporary vehicle registration ), and about their owners or certain categories of holders;
3)
( d) a permit to deviate from
the technical conditions to be met by the vehicle has been issued. ( Article 80a,
paragraph 2, item 3, letter d, of the Central Register of Vehicles, shall enter into force on the
date of implementation of technical solutions enabling the transfer of information on issued permits to deviate from the technical conditions to be met by the vehicle to the Central Register of Vehicles – the date shall be specified in a notice published in the Journal of Laws and the Public Information Bulletin. )
3.
The register shall separate the set of data and information on vehicles referred to in Article 73, paragraph 3, vehicle registration , by placing it in a separate IT environment that meets the IT security requirements referred to in the Act of 5 August 2010 on the protection of classified information (Journal of Laws of 2024, item 632).
4.
The register is maintained by the minister responsible for computerization in the IT system. For the purposes of this Act, this minister is the controller of the data and information collected in the register.
Art. 80b. Data in the Central Vehicle Register
1.
The following data is collected in the register:
1)
identifying the vehicle:
a) VIN number or vehicle body, chassis or frame number,
b) vehicle registration number;
2)
about the vehicle owner:
a) name and surname (name or company),
b) PESEL number, and in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the country that issued the document,
c) date and place of birth,
d) REGON identification number,
e) address of residence (registered office),
f) date of death;
3)
about the vehicle
holder referred to in Art. 73 , paragraph 5:
a) name and surname (name or company),
b) PESEL number, and in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the country that issued that document,
c) date and place of birth,
d) REGON identification number,
e) address of residence (registered office),
f) date of death;
4)
about the user of the vehicle used under the leasing agreement, for the registration of which the lessor (vehicle owner) has applied:
a) name and surname (name or company),
b) PESEL number, and in the case of a person without a PESEL number - the series, number and name of the document confirming identity and the name of the country that issued that document,
c) date and place of birth,
d) REGON identification number,
e) address of residence (registered office),
f) date of death;
5)
on the sale of the vehicle:
a) date of reporting the sale of the vehicle,
b) date of the sale of the vehicle,
c) details of the buyer:
– name and surname (name or company),
– PESEL number, and in the case of a person without a PESEL number – series, number and name of the document confirming identity and the name of the country that issued that document,
– date and place of birth,
– REGON identification number,
– address of residence (registered office),
– date of death;
6)
on compulsory third party liability insurance for vehicle owners:
a) (repealed)
b) (repealed)
c) (repealed)
d) (repealed)
e) details of the insurance company that concluded the contract,
f) details of the contract;
7)
on registered pledges established on a vehicle:
a) data on the vehicle on which the registered pledge was established,
b) (repealed)
c) item number in the pledge register,
d) date of entry in the pledge register,
e) name and surname (name or company) of the pledgee,
f) PESEL number of the pledgee,
g) REGON identification number of the pledgee,
h) date of deletion of the pledge from the pledge register,
i) name (designation) of the court that made the entry;
8)
on vehicle documents:
a) data on the registration certificate,
b) data on the temporary permit
c) (repealed)
- and on their duplicates;
8a)
on professional vehicle registration, including those resulting from decisions on professional vehicle registration and relating to blank professional registration certificates;
8b)
vehicle registration certificate and vehicle registration plates
included in the list of vehicles used in road traffic maintained by the authorized entity referred to in Article 80s paragraph 2:
a) on vehicles used by the authorized entity in road traffic using professional registration certificates,
b) on professional registration certificates;
9)
about vehicle registration plates and their legalization and their duplicates;
9a)
about professional license plates and their legalization;
10)
on technical inspections of the vehicle;
11)
about significant damages;
12)
about assigning and stamping a new body (chassis) number;
13)
technical information about the vehicle;
14)
about the theft and recovery of the vehicle;
15)
on the retention of a registration certificate or a temporary permit;
15a)
on the retention of a professional registration certificate or a blank professional registration certificate;
16)
on dismantling the vehicle or accepting an incomplete vehicle;
16a)
about vehicle dismantling stations or collection points;
17)
on the temporary withdrawal and re-admission of the vehicle to traffic and on its deregistration;
18)
on vehicle type approval, individual vehicle approval, national individual vehicle approval, EU individual vehicle approval, EC individual vehicle approval, road traffic approval of a vehicle from the end of production batch;
19)
identifier of the person or entity entering or changing data in the records;
20)
about the security measures established on the vehicle, including the seizure of the vehicle by the enforcement authority, and their removal;
21)
on the replacement of the odometer; 21a) on issued permits for deviations from the technical conditions that the vehicle must meet; ( Article 80b, paragraph 1, point 21a , of the data in the Central Register of Vehicles shall enter into force on the date of implementation of technical solutions enabling the transfer of information on issued permits for deviations from the technical conditions that the vehicle must meet to the Central Register of Vehicles – the date will be specified in a notice published in the Journal of Laws and the Public Information Bulletin.)
22)
on the odometer reading during the inspection. 23) on exceeding the deadlines referred to in Art. 78 , documents provided to the buyer upon sale of the vehicle , paragraph 2, point 1. ( Art. 80b, data in the Central Register of Vehicles , paragraph 1, point 23, enters into force on the date of implementation of technical solutions enabling the transfer to the Central Register of Vehicles and the collection in this register of data on exceeding the deadlines referred to in Art. 71 , document confirming the vehicle's roadworthiness, paragraph 7, and Art. 78 , documents provided to the buyer upon sale of the vehicle, paragraph 2, point 1 of the Road Traffic Act, specified in the announcement published in the Journal of Laws and the Public Information Bulletin)
2.
The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 1 point 6 letter e and f, par. 7 letter a, points 8-18 and 20-22, provided by the entities referred to in art. 80ba par. 1, and supplemented automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the obligation to monitor and report in relation to CO 2 emissions . 2. The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register , referred to in par. 1 point 6 letter e and f, par. 7 letter a, points 8-18 and 20-23, provided by the entities referred to in art. 80ba par. 1, and completed automatically by the IT system handling the records, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the obligation to monitor and report on CO2 emissions . ( Article 80b, data in the central register of vehicles , paragraph 2 in this wording, enters into force on the date of implementation of technical solutions enabling the transfer to the central register of vehicles and the collection in this register of data on exceeding the deadlines referred to in Article 71 , paragraph 7, and Article 78 , documents transferred to the buyer upon sale of a vehicle, paragraph 2, point 1 of the Road Traffic Act, specified in the communication published in the Journal of Laws and the Public Information Bulletin.)
3.
Data collected in the register is not deleted.
4.
(repealed
5.
The administrator of the data and information collected in the register shall provide the staroste with information about the retention of a professional registration certificate and about the failure of the authorized entity referred to in Article 80s paragraph 2 to return blank professional registration certificates, professional registration certificates and professional registration plates within the time limit specified in Article 80y paragraph 1 by making it automatically available through the IT system handling the register for downloading via the IT system with which the staroste performs tasks related to vehicle registration.
Art. 80ba. Transfer and entry of data into the vehicle register
1.
The data referred to in Article 80b, paragraph 1, of the Central Register of Vehicles are transferred to the register:
1)
by the authority competent for vehicle registration – within the scope of the data referred to in Art. 80b, data in the Central Register of Vehicles, par. 1, point 1, points 2-5, excluding the date of death, points 8, 8a, 9 and 9a, point 10 with regard to the date of periodic technical inspection of the vehicle in the case of registering a vehicle not previously registered in the territory of the Republic of Poland, points 12, 13, 17, 18 and 20; 1) by the authority competent for vehicle registration – within the scope of the data referred to in Art. 80b, data in the Central Register of Vehicles, par. 1, point 1, points 2-5, excluding the date of death, points 8, 8a, 9 and 9a, point 10 with regard to the date of periodic technical inspection of the vehicle in the case of registering a vehicle not previously registered in the territory of the Republic of Poland, points 12, 13, 17, 18, 20 and 23; ( Article 80ba , transfer and entry of data into the vehicle register , paragraph 1 point 1, enters into force on the date of implementation of technical solutions enabling the transfer to the central vehicle register and the collection in this register of data on exceeding the deadlines referred to in Article 71, paragraph 7, and Article 78, documents transferred to the buyer upon sale of a vehicle , paragraph 2 point 1 of the Road Traffic Act, specified in the announcement published in the Journal of Laws and the Public Information Bulletin.)
2)
by insurance companies – in the scope of data referred to in Article 80b, data in the Central Register of Vehicles , paragraph 1, points 6 and 11, and in the case of concluding a contract of compulsory third-party liability insurance for vehicle owners for an unregistered vehicle, also points 1 and 13;
2a)
by the authorized entity referred to in Article 80s paragraph 2, to which a decision on professional vehicle registration was issued – in the scope of data referred to in Article 80b paragraph 1 point 8b, the data in the central register of vehicles ;
3)
by the competent organizational unit of the Police – in the scope of data referred to in Article 80b , paragraph 1, point 14 of the Central Register of Vehicles ;
4)
by the competent organizational unit of the Police, Border Guard, National Revenue Administration, Road Transport Inspectorate or Military Police – in the scope of data referred to in Article 80b, paragraph 1, points 15 and 15a, of the central register of vehicles ;
5)
by the central information on registered pledges, via the IT system of the Minister of Justice, immediately after the court has entered the registered pledge in the pledge register - in the scope of data referred to in Article 80b, paragraph 1, point 7 of the Central Register of Vehicles ;
6)
by vehicle inspection stations - excluding vehicles referred to in Article 73, vehicle registration, paragraph 3 - in the scope of data referred to in Article 80b, data in the central register of vehicles , paragraph 1, points 10, 15 and 21, and in the case of carrying out a technical inspection or reading the odometer of an unregistered vehicle - also points 1 and 13;
6a)
by the competent organizational unit of the Police, Border Guard, Road Transport Inspectorate, Military Police or Customs and Tax Service – in the scope of data referred to in Art. 80b data in the Central Register of Vehicles , paragraph 1, point 22, and in the case of reading the odometer of an unregistered vehicle – also points 1 and 13;
7)
by the Insurance Guarantee Fund – in the scope of data referred to in Article 80b, paragraph 1, point 11 of the Central Register of Vehicles ;
8)
by the voivodeship marshal – in the scope of data referred to in Article 80b , paragraph 1, point 16a of the Central Register of Vehicles ;
9)
by a dismantling station or vehicle collection points – excluding vehicles referred to in art. 73 vehicle registration par. 3 – within the scope of the data referred to in art. 80b data in the central register of vehicles par. 1 pt. 16; 10) by the Director of Transport Technical Inspection – within the scope of the data referred to in art. 80b data in the central register of vehicles par. 1 pt. 21a, and in the case of issuing a permit for a derogation from the technical conditions to be met by a vehicle, for an unregistered vehicle – also within the scope of the data referred to in art. 80b data in the central register of vehicles par. 1 pt. 1 lit. ai point 13. ( Article 80ba , transfer and entry of data into the vehicle register , paragraph 1 point 10, comes into force on the date of implementation of technical solutions enabling the transfer of information on issued permits for derogation from the technical conditions that a vehicle should meet to the central vehicle register – the date will be specified in a notice published in the Journal of Laws and the Public Information Bulletin.)
1a.
The data referred to in Art. 80b data in the Central Register of Vehicles par. 1 point 6 letter e and f, point 7 letter a, points 8-18 and 20-22 may additionally contain data supplemented automatically by the IT system servicing the register. 1a. The data referred to in Art. 80b data in the Central Register of Vehicles par. 1 point 6 letter e and f, point 7 letter a, points 8-18 and 20-23 may additionally contain data supplemented automatically by the IT system servicing the register. ( Article 80ba , transfer and entry of data into the vehicle register, paragraph 1a, comes into force on the date of implementation of technical solutions enabling the transfer to the central vehicle register and the collection in this register of data on exceeding the deadlines referred to in Article 71 , paragraph 7, and Article 78, documents provided to the buyer upon sale of a vehicle, paragraph 2, point 1 of the Road Traffic Act, specified in the announcement published in the Journal of Laws and the Public Information Bulletin.)
2.
The data referred to in Article 80b, paragraph 1, point 19 of the Central Register of Vehicles , are supplemented automatically by the IT system handling the register.
3.
The entities listed in paragraph 1 enter data into the register when performing an activity that requires the data to be transferred into the register, using the IT system that supports the register or using IT systems that support the tasks performed by these entities.
4.
The entities listed in paragraph 1 point 2 enter data into the register via the IT system supporting the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau (Journal of Laws of 2023, item 2500).
4a.
The entity mentioned in paragraph 1 point 8 may enter data via the IT system supporting the database referred to in art. 79 Database on products and packaging and waste management (BDO) of the Act of 14 December 2012 on waste (Journal of Laws of 2023, items 1587, 1597, 1688, 1852 and 2029).
5.
Data collected in the register are transferred to it from the register of the Universal Electronic System of Registration of the Population (PESEL), the national official register of national economic entities (REGON), the national official register of the territorial division of the country (TERYT), the central register of drivers, the central register of parking card holders, the register of pledges and the Insurance Guarantee Fund, if collected therein.
6.
Minister responsible for computerization:
1)
may specify, by way of a regulation, the procedure and deadlines for transferring data between the register and the PESEL, REGON, TERYT registers, the central register of drivers and the central register of parking card holders, taking into account the need to ensure the smooth flow of data between the register and other registers and records, the correctness and timeliness of the collected data and the need to ensure the protection of personal data;
2)
(repealed)
3)
in consultation with the minister responsible for financial institutions, shall determine, by way of a regulation, the procedure and deadlines for transferring data between the register and the Insurance Guarantee Fund as well as the conditions, manner and procedure for cooperation between the register and the fund in the scope of transferring data by insurance companies, taking into account the need to ensure the smooth flow of data between the register and the Insurance Guarantee Fund, the correctness and timeliness of the collected data and the need to ensure the protection of personal data.
Art. 80bb. Access to data in the vehicle register
1.
In order to enable the entry of data into the register, the entities mentioned in Article 80ba paragraph 1 shall be provided with access to the data collected in the register.
2.
Data is entered into the register by downloading the data collected in the register, verifying it, particularly based on available documents or data, and entering new data into the register. In the event of discrepancies between the data and the data contained in the PESEL or REGON registers, the data collected in these registers shall prevail.
2a.
If data relating to a new entity is entered into the register, such data is taken from the PESEL register, REGON register, central register of drivers and central register of parking card holders, if collected there.
2b.
The obligation to verify data referred to in paragraph 2 does not apply to the data referred to in Article 80b, paragraph 1, point 8b.
3.
The IT system handling the records generates a message about:
1)
entering data into the register - in the case of correct entry of new data into the register, which is equivalent to fulfilling the obligation to enter data into the register;
2)
failure to enter data into the register - in the event that new data has not been entered into the register and it is necessary to re-enter it in order to fulfill the obligation to enter data into the register.
4.
The minister responsible for computerization will determine, by way of regulation:
1)
the scope of data to which access is provided to the entities listed in Article 80ba, paragraph 1, of the transfer and entry of data into the vehicle register , taking into account the correct performance by individual entities of the tasks arising from this Act;
2)
technical and quality requirements for data entered into the register and the procedure and method of entering them, with a view to ensuring high quality of data transferred to the register and its reference nature.
Art. 80bc. Extension of the deadline for entering data into the vehicle register
If it is impossible to enter data into the register due to reasons beyond the entity's control, the data shall be entered immediately, no later than within 3 business days from the date on which the obligation to enter the data arose.
Art. 80bd. Explanations and removal of data discrepancies in the vehicle register
1.
An entity that finds an inconsistency in the data collected in the register shall explain this inconsistency in the scope of the data which it is obliged to provide under the Act, and shall enter the data into the register in accordance with the principles specified in Article 80bb Access to Data in the Vehicle Register .
2.
If it is not possible to clarify the inconsistency, the entity referred to in paragraph 1 shall immediately notify the controller of the data and information collected in the register of the inconsistency, using the IT system supporting the register or using the IT system supporting the tasks performed by that entity.
3.
In order to clarify the discrepancy, the controller of the data and information collected in the register shall immediately notify, via the IT system supporting the register, the entity that entered the data to which the discrepancy relates, of the discrepancy in the event of:
1)
the controller's finding of inconsistency between the data and information collected in the records;
2)
referred to in paragraph 2.
3a.
The provisions of paragraphs 1-3 shall not apply to the data referred to in Article 80b, paragraph 1, point 8b .
4.
The entity referred to in paragraphs 1 and 3 shall explain this inconsistency, in particular based on the documents or data in its possession.
5.
The entity referred to in paragraphs 1 and 3 shall immediately inform, via the IT system handling the records or via the IT system handling the tasks performed by this entity, the controller of the data and information collected in the records about the clarification of this inconsistency in the event of:
1)
entering correct data into the register using an IT system that supports the register or using an IT system that supports tasks performed by the entity entering the data;
2)
confirming that the data entered into the records is correct;
3)
stating that it is impossible to remove the non-compliance, with justification provided.
6.
Entering data into the register in relation to which an inconsistency has been found, as referred to in paragraph 2, requires prior clarification of this inconsistency.
7.
The administrator of data and information collected in the register will enable the entry of data into the register without prior clarification of inconsistencies, if this is necessary to carry out tasks resulting from separate provisions carried out by entities obliged to enter data into the register within the deadlines resulting from statutory provisions.
8.
The minister responsible for computerization will determine, by way of a regulation, the method and procedure for clarifying inconsistencies in data collected in the central register of vehicles by entities that provide them, taking into account the need to ensure the completeness and correctness of data in the register, ensuring timely handling of administrative processes related to the register and their security.
Art. 80be. Transfer and updating of data on entrepreneurs operating vehicle inspection stations
1.
The authorities competent to maintain the register of entrepreneurs operating vehicle inspection stations shall provide the administrator with the data and information collected in the register and update the following data on entrepreneurs operating vehicle inspection stations:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
address of the vehicle inspection station;
3)
REGON identification number;
4)
vehicle inspection station identification code;
5)
scope of research;
6)
date of entry into the register;
7)
date of removal from the register;
8)
names and surnames of employed diagnosticians along with their authorization numbers.
2.
The data referred to in paragraph 1 shall be transferred immediately, not later than within 2 business days, via the IT system supporting the records or via IT systems supporting the tasks performed by these entities.
Art. 80bf. Repealed
Art. 80bg. Access by the Internal Security Agency to vehicle records
In order to ensure the possibility of carrying out tasks arising from Article 35, paragraph 4 of the Act of 24 May 2002 on the Internal Security Agency and the Intelligence Agency (Journal of Laws of 2024, item 812), the minister responsible for computerization shall provide the Internal Security Agency with access to the records.
Art. 80bh. Catalog of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland
1.
An electronic catalogue of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland, hereinafter referred to as the "catalogue", is hereby created.
2.
The catalogue is a reference catalogue used to enter vehicle data into the register based on the data specified in the documents presented for vehicle registration.
3.
The catalogue maintained in the IT system of the entity responsible for maintaining the catalogue collects data on the types of vehicles or vehicles to be admitted to traffic in the territory of the Republic of Poland, such as data on:
1)
the type of vehicle for which the following was issued:
a) EC type-approval certificate for a vehicle,
b) vehicle type-approval certificate,
c) EC type-approval certificate for vehicles produced in small series,
d) vehicle type-approval certificate for vehicles produced in small series,
e) documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment, including:
– EU type-approval certificate for a vehicle,
– UN type-approval certificate issued for the vehicle, –
national type-approval certificate for a vehicle,
– national type-approval certificate for vehicles produced in small series,
– national type-approval certificate for a tram,
– national type-approval certificate for a trolleybus;
2)
the type of vehicle for which the road traffic permit was issued for the vehicle from the final production batch;
3)
a type of vehicle for which it was issued by the Director of Transport Technical Inspection:
a) recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
b) recognition of a vehicle type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland, or
c) documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– recognition of a national vehicle type-approval certificate issued in accordance with the national type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a national type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure for vehicles produced in small series by a competent authority of a European Union Member State other than the Republic of Poland;
4)
a vehicle for which:
a) an individual vehicle approval certificate or
b) a national individual vehicle approval certificate referred to in Art. 2, paragraph 1, point 33 of the Act of 14 April 2023 on vehicle approval systems and their equipment has been granted ;
5)
a vehicle for which:
a) an EC individual vehicle approval certificate or b) an EU individual vehicle approval certificate
referred to in Article 2, paragraph 1, point 32 of the Act of 14 April 2023 on vehicle approval systems and their equipment;
6)
a vehicle for which recognition has been issued by the Director of Transport Technical Inspection:
a) an individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland, b) a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland
, referred to in Art. 64, paragraph 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment;
7)
types of vehicles or vehicles approved for road traffic other than those mentioned in points 1–6.
4.
The data referred to in paragraphs 2 and 3 shall be transferred to the directory:
1)
Director of Transport Technical Inspection on the basis of:
a) issued:
– EC type-approval certificate for a vehicle,
– vehicle type-approval certificate,
– EC type-approval certificate for vehicles produced in small series,
– vehicle type-approval certificate for vehicles produced in small series,
– document referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– – EU type-approval certificate for a vehicle,
– – UN type-approval certificate issued for a vehicle,
– – national type-approval certificate for a vehicle, – –
national type-approval certificate for vehicles produced in small series,
– – national type-approval certificate for a tram,
– – national type-approval certificate for a trolleybus,
b) granted permission to put a vehicle from the end-of-production batch into road traffic,
c) issued by the Director of Transport Technical Inspection:
– recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a vehicle type-approval certificate vehicles produced in small series issued for a given type of vehicle in accordance with the type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– the document referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– – recognition of the national vehicle type-approval certificate issued in accordance with the national type-approval procedure by a competent authority of a European Union Member State other than the Republic of Poland,
– – recognition of the national type-approval certificate for vehicles produced in small series issued for a given type of vehicle in accordance with the national type-approval procedure for vehicles produced in small series by a competent authority of a European Union Member State other than the Republic of Poland,
d) information available on the expiry or withdrawal of the documents referred to in letter a, information on the expiry of the validity period of the permit referred to in letter b, or in the case of revocation of the recognitions referred to in letter c,
e) the granted individual vehicle approval certificate or the national individual vehicle approval certificate referred to in Art. 2 explanation of termssection 1 point 33 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
f) EC individual vehicle approval certificate or EU individual vehicle approval certificate, referred to in art. 2 explanation of terms , section 1 point 32 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
g) issued by the Director of Transport Technical Inspection:
– recognition of an individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland,
– recognition of a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland, referred to in art. 64 recognition of a national individual vehicle approval certificate by a competent authority of a European Union Member State other than the Republic of Poland, section 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment;
2)
the authority competent for vehicle registration – on the basis of documents attached to the application for vehicle registration, in cases other than those specified in point 1;
3)
a manufacturer or importer of a new motor vehicle, agricultural tractor, moped, trolleybus or trailer on the basis of:
a) issued:
– an EC type-approval certificate for a vehicle,
– a vehicle type-approval certificate, – an
EC type-approval certificate for vehicles produced in small series,
– a vehicle type-approval certificate for vehicles produced in small series,
– a document referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment:
– – an EU type-approval certificate for a vehicle, – – a
UN type-approval certificate for a vehicle,
– – a national type-approval certificate for a vehicle, – – a national
type-approval certificate for a vehicle produced in small series,
– – a national type-approval certificate for a trolleybus,
b) recognition issued by the Director of Transport Technical Inspection of:
– an individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland,
– a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland, referred to in in Article 64, recognition of a national certificate of individual vehicle approval by a competent authority of a European Union Member State other than the Republic of Poland, paragraph 1 of the Act of 14 April 2023 on vehicle approval systems and their equipment.
5.
The catalogue is prepared by the entity responsible for its maintenance, which collects data therein and verifies it on the basis of data from the documents referred to in paragraph 4.
6.
The entity responsible for maintaining the catalogue makes the data collected in this catalogue available free of charge via the IT system:
1)
Director of Transport Technical Supervision;
2)
the authority competent for vehicle registration;
3)
the administrator of data and information collected in the records – for the purposes of processing and sharing the data collected in the records;
4)
the entity obliged to provide data to the central register of vehicles – for the purposes of providing such data.
7.
Tasks related to the creation, development and operation of the directory are financed from the revenues of the fund referred to in Article 80d of the Fund - Central Register of Vehicles and Drivers, paragraph 2.
8.
The minister responsible for transport will determine, by way of a regulation, the entity responsible for maintaining the catalogue, including collecting data in the catalogue and verifying it, taking into account the need to ensure a transparent, objective and competitive method of selecting this entity, as well as the proper and efficient functioning of the process of collecting and verifying data in the catalogue, a uniform system for transmitting and making it available and the technical possibilities of carrying out these tasks.
9.
The minister responsible for computerization, in consultation with the minister responsible for transport, will determine, by way of a regulation, the scope, method and procedure for submitting data to the catalogue and making it available, as well as for collecting data in the catalogue and verifying it, taking into account the need to ensure the correct and efficient functioning of the process of collecting and verifying data in the catalogue, a uniform system for submitting and making it available and the technical possibilities of carrying out these tasks.
Art. 80c. Entities authorized to use data from the vehicle register
1.
The data collected in the register are made available, provided they are necessary for the performance of their statutory tasks, to the following entities:
1)
Police;
2)
Military Police;
3)
Border Guard;
4)
Internal Security Agency and Intelligence Agency;
5)
Central Anticorruption Bureau;
6)
Military Counterintelligence Service and Military Intelligence Service;
7)
Commander of the State Protection Service;
7a)
Internal Supervision Inspector;
7b)
Internal Inspectorate of the Prison Service;
8)
courts;
9)
prosecutor's office;
10)
bodies of the National Tax Administration;
11)
Insurance Guarantee Fund;
12)
Polish Motor Insurers' Bureau;
13)
The Social Insurance Institution - in order to enable the securing of receivables from contributions which the Social Insurance Institution is obliged to collect by means of a statutory lien;
14)
authorities competent for vehicle registration;
14a)
authorities competent for the implementation of tasks related to the operation of a clean transport zone;
15)
municipal (city) guards;
16)
Road Transport Inspection;
17)
Head of the National Criminal Information Centre;
18)
court bailiffs;
19)
administrative enforcement authorities and tax authorities;
20)
heads of military recruitment centers;
20a)
the minister responsible for climate affairs;
21)
the minister responsible for environmental affairs;
22)
the minister responsible for transport;
23)
(repealed)
24)
President of the Central Statistical Office;
25)
insurance companies;
26)
vehicle inspection stations;
27)
Director of Transport Technical Supervision;
28)
authorities competent for the implementation of tasks related to the operation of paid parking zones;
29)
the minister responsible for social security, the head of a social welfare centre, and in the case of transformation of a social welfare centre into a social services centre pursuant to the provisions of the Act of 19 July 2019 on the implementation of social services by a social services centre (Journal of Laws, item 1818) – the director of the social services centre or a social worker;
30)
the body maintaining the Register of Treasury Pledges;
31)
Environmental Protection Inspection bodies;
31a)
mining supervision authorities;
32)
measures administration bodies;
33)
National Centre for Emission Balancing and Management;
34)
Forest Guard and Park Guard;
35)
the entity responsible for maintaining the catalogue referred to in Article 80bh, paragraph 8, of the catalogue of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland.
2.
Data on vehicles referred to in Article 73, paragraph 3, vehicle registration , shall be made available only to the entities specified in paragraph 1, points 1-10 and 16, and in paragraph 2a.
2a.
Data or information collected in the register is also made available to the minister responsible for internal affairs and the minister responsible for public finances, for the purpose of carrying out their statutory tasks, using data teletransmission devices, without the need to submit a written request.
3.
The data collected in the register may be made available to courts via the IT system administered by the Minister of Justice.
3a.
The data collected in the register are made available to insurance companies via the IT system supporting the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau.
4.
The entities referred to in paragraph 1 are provided with access to the data collected in the register in electronic form using electronic means of communication under the terms specified in the Act of 17 February 2005 on the Computerization of the Activities of Entities Performing Public Tasks. Data may be provided in another form only if access to the data in electronic form is not possible.
5.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may consist of a printout from the IT system managing the register. This printout does not require a signature or stamp.
6.
The minister responsible for computerization may consent, by way of a decision, to making the data collected in the register available to the entities referred to in paragraph 1, taking into account paragraph 6a, or their organizational units, using data teletransmission devices, without the need to submit a written request, if they meet all of the following conditions:
1)
have devices that enable the system to record who obtained the data, when, for what purpose and for what purpose;
2)
have technical and organizational security measures in place to prevent the data from being used for purposes other than those for which they were obtained;
3)
it is justified by the specificity or scope of the tasks performed or the activities conducted.
6a.
The entity referred to in paragraph 1 point 18 shall be provided with access to the data collected in the register only via data teletransmission devices, after meeting the conditions referred to in paragraph 6.
7.
The decision referred to in paragraph 6 shall not be issued in the case referred to in paragraph 2a.
Art. 80ca. Sharing data from the register with foreign entities
Data collected in the register may be shared with foreign entities to fulfill the provisions of international agreements ratified by the Republic of Poland, as well as to implement legal acts enacted by an international organization of which the Republic of Poland is a member. The procedures and manner of data sharing are specified in international agreements ratified by the Republic of Poland, legal acts enacted by an international organization of which the Republic of Poland is a member, or agreements concluded between the relevant ministers of European Union member states.
Art. 80cb. Conditions for providing data from the vehicle register
1.
Any interested party, after providing the data specified in the regulations issued under paragraph 3, shall have the data collected in the register made available in electronic form using an IT system. 1. Any interested party, after providing the data specified in the regulations issued under paragraph 3, shall have the data collected in the register made available in electronic form using an IT system. The report from the IT system confirms the data collected in the register and does not require a signature or stamp. ( Article 80cb, Conditions for Sharing Data from the Vehicle Register , paragraph 1, in this wording, shall enter into force on the date of implementation of technical solutions enabling the generation from the IT system supporting the Central Register of Vehicles of a report confirming the data collected in this register, as specified in the announcement published in the Journal of Laws and the Public Information Bulletin).
2.
Personal data collected in the register may be made available after authentication of the interested party under the terms specified in Article 20a , paragraph 1 of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
3.
The minister responsible for computerization will determine, by way of regulation:
1)
data required to provide individual data,
2)
detailed scope of data shared
– taking into account the need to ensure data security.
Art. 80cba. Scope of vehicle data made available to interested parties
Each interested party, after providing the vehicle registration number, is provided with the following vehicle data via the web service:
1)
make, type and model (trade name);
2)
pollutant emission levels (EURO standards);
3)
fuel type, first alternative fuel type, second alternative fuel type;
4)
year of production. ( Art. 90cba comes into force on the date of implementation of solutions enabling the application of the provisions of the Act – specified by the minister responsible for computerization in consultation with the minister responsible for internal affairs in a communiqué published in Monitor Polski.)
Art. 80cc. Disclosure of data from the vehicle register at the request of the owner, keeper or user of the vehicle
1.
The data collected in the register shall also be made available at the request of the owner of the vehicle, the keeper of the vehicle referred to in Article 73, paragraph 5, vehicle registration , and the user of the vehicle used under a leasing agreement, the registration of which was requested by the lessor (vehicle owner), to which they relate.
2.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon request, submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may be a printout from the IT system managing the register. This printout does not require a signature or stamp.
Art. 80cd. Sharing data from the vehicle register with other entities
1.
The minister responsible for computerization may make the data collected in the register available to entities other than those mentioned in Articles 80c–80cc, including natural persons, legal persons or organizational units without legal personality, if they demonstrate their legal interest.
2.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may consist of a printout from the IT system managing the register. This printout does not require a signature or stamp.
Art. 80ce. Transfer of data from the vehicle register for reuse
1.
Data or information collected in the register is transferred for re-use in a way that excludes the possibility of identifying persons or vehicles, in compliance with the provisions of the Act of 11 August 2021 on open data and re-use of public sector information (Journal of Laws of 2023, item 1524), unless the provisions of the Act provide otherwise.
2.
Data collected in the register are transferred for reuse upon request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature or a personal signature.
3.
Data collected in the register may also be made available for reuse via network services.
Art. 80cf. Regulation on the application for access to data from the vehicle register
1.
The minister responsible for computerization will specify, by way of a regulation, the template of the application referred to in art. 80c entities authorized to use data from the vehicle register, paragraph 5, art. 80cc disclosure of data from the vehicle register at the request of the owner, keeper or user of the vehicle, paragraph 2, art. 80cd disclosure of data from the vehicle register to other entities, paragraph 2, and art. 80ce transfer of data from the vehicle register for reuse, paragraph 2, guided by the needs to improve the process of sharing and transmitting data from the register.
2.
The minister responsible for computerization will determine, by way of a regulation, the type and scope of data made available pursuant to Article 80c to entities authorized to use data from the vehicle register and Articles 80cc–80ce, taking into account the need to ensure the security of data processed in the register and its protection against unauthorized disclosure and access.
Art. 80cg. Fee for providing data from the vehicle register
The data collected in the records are made available and transferred:
1)
free of charge, in the case of data:
a) made available pursuant to Articles 80c–80cc,
b) transferred pursuant to Article 80ce transferring data from the vehicle register for re-use in the manner specified in Article 80ce transferring data from the vehicle register for re-use par. 2 to public administration bodies not listed in Article 80c entities authorised to use data from the vehicle register par. 1, for non-commercial purposes,
c) made available pursuant to Article 80ce transferring data from the vehicle register for re-use in the manner specified in Article 80ce transferring data from the vehicle register for re-use par. 3, for commercial and non-commercial purposes;
2)
for a fee, in the case of data:
a) made available pursuant to Article 80cd , making data from the vehicle register available to other entities ,
b) transferred pursuant to Article 80ce, transferring data from the vehicle register for re-use in the manner specified in Article 80ce , paragraph 2, for commercial and non-commercial purposes.
Art. 80ch. Fees for providing data from the vehicle register
1.
The amount of the fee for providing individual data concerning one vehicle or one person may not be higher than 2% of the average remuneration in the national economy, referred to in art. 20 , announcement in "Monitor Polski", point 1, letter a of the Act of 17 December 1998 on pensions and annuities from the Social Insurance Fund (Journal of Laws of 2023, items 1251, 1429 and 1672 and of 2024, items 834 and 858).
2.
The fee for providing data from the register for commercial and non-commercial purposes is determined according to the formula:
O = K × (A + B) + M
where:
O – total amount of the fee for providing data for commercial and non-commercial purposes,
K – coefficient equal to:
a) 1.0 – for non-commercial purposes,
b) 1.5 – for commercial purposes,
A – fee for IT work,
where
A = 0.5H1 × Z + 0.5H2 × Z + 0.75H3 × Z + 10H4 × Z + H5 × Z
B – fee for operating work,
where
B = 1.5H6 × 10Z + H7 × 10Z + 1.5H8 × 10Z + 0.6H9 × 10Z + 0.5H10 × 10Z
M – cost of consumables added if it exceeds 5% of the service value,
and the individual symbols mean:
H – number of hours allocated to the task:
H1 – duration of programming and design work,
H2 – time of developing program documentation,
H3 – duration of analytical and design work,
H4 – time of developing a new program,
H5 – time of developing a program from ready-made modules,
H6 – time of selecting a subset from the database,
H7 – time of processing selected data,
H8 – time of preparing a statistical table,
H9 – time of printing lists from a selected subset containing up to 300 individual data items,
H10 – time of printing lists from a selected subset containing more than 300 individual data items,
Z – fee for providing individual data from the register.
3.
The maximum amount of the fee referred to in paragraph 2 is PLN 23,000.
4.
The minister responsible for computerization will determine, by way of regulation:
1)
the fee for providing individual data from the register,
2)
conditions and method of paying the fee for providing data from the register,
3)
the method of documenting the payment of a fee for access to data from the register
– taking into account the different forms of submitting a request for access to data and the procedure for making it available for commercial and non-commercial purposes.
Art. 80d. Fund - Central Register of Vehicles and Drivers
1.
(repealed)
2.
A Fund is established - Central Register of Vehicles and Drivers, hereinafter referred to as the "Fund", whose administrator is the minister responsible for computerization.
3.
The Fund is a state-owned special-purpose fund.
3a.
The insurance company is obliged to pay the registration
fee referred to in Article 30, paragraph 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau:
1)
pays the registration fee to the Fund's bank account at least once a quarter;
2)
prepares a report on paid registration fees, containing information on the number of civil liability insurance contracts concluded by the insurance company for motor vehicle owners for damages arising in connection with the use of these vehicles, the amount of the unit registration fee, information on the value of the registration fees paid, information on the interest paid for late payment of these fees, information on the payment of the amounts due, identification data of the insurance company submitting the report and, in the case of overpayment or underpayment, information on the correction of the report;
3)
submits a report on the registration fees paid to the minister responsible for computerization.
3aa.
The insurance company shall submit the report referred to in paragraph 3a point 3 in electronic form using electronic means of communication at least once a quarter.
3b.
Late payment interest is charged on late payments, at the rate of interest due for late payment of tax liabilities.
3c.
The provisions of Part III of the Act of 29 August 1997 - Tax Ordinance (Journal of Laws of 2023, items 2383 and 2760 and of 2024, item 879) shall apply accordingly to receivables for the registration fee and default interest, excluding Art. 75 Application to establish tax overpayment § 4a to the extent of determining the amount of tax liability in the decision establishing overpayment and Art. 75 Application to establish tax overpayment § 4b, with the proviso that the powers of the tax authorities are vested in the minister responsible for computerization.
4.
The Fund's revenues are:
1)
fees charged for providing data or information from the central vehicle register and the central driver register;
2)
(repealed)
2a)
(repealed)
3)
the registration
fee referred to in Article 30, section 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau;
4)
(repealed)
4a)
(repealed)
5)
default interest charged on late payment of registration fees;
6)
interest on free funds transferred for management in accordance with the provisions on public finances;
7)
other income.
4a.
The collection of receivables for the due registration fee and interest referred to in paragraph 3b shall be carried out on the basis of the provisions of the Act of 17 June 1966 on enforcement proceedings in administration (Journal of Laws of 2023, items 2505 and 2760 and of 2024, items 858 and 859) - within the scope of enforcement of pecuniary obligations.
5.
The Fund’s expenditures are intended to finance expenses related to the creation, development and operation of the central register of vehicles and the central register of drivers, including the National Contact Point, the central register of parking card holders and the electronic catalogue of brands and types of vehicles approved and admitted to traffic in the territory of the Republic of Poland.
5a.
Payments from the Fund may be made to the state budget account.
5b.
The Fund's expenditures may be allocated to financing expenses related to the implementation of tasks referred to in Article 19 , paragraph 1 of the Act of 26 May 2023 on the mObywatel application (Journal of Laws, item 1234 and of 2024, item 854).
6.
(repealed)
6a.
The amount of the registration fee referred to in art. 30 , the registration fee paid by the insurance company under the concluded contract, section 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau, may not be higher than 0.1% of the average remuneration in the national economy, referred to in art. 20, the announcement in "Monitor Polski", item 1, letter a of the Act of 17 December 1998 on pensions and disability pensions from the Social Insurance Fund.
7.
The minister responsible for computerization, in consultation with the minister responsible for financial institutions, will determine, by way of a regulation:
1)
the amount of the registration
fee referred to in Article 30, section 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau,
2)
deadline for payment of the registration fee by insurance companies obliged to pay this fee,
3)
the date, method and frequency of submitting the report on the registration fees paid,
4)
template of the report on registration fees paid
– taking into account the costs related to the operation of the central register of vehicles and the central register of drivers, the correctness of payment of registration fees, the validity of the information contained in the submitted reports and the need to ensure the standardisation and transparency of the information submitted.
8.
(repealed)
Art. 80e. Extraction of data on Agency and service vehicles from the vehicle register
1.
(repealed)
2.
(repealed)
Chapter 2b. (Repealed)
Art. 80f. Repealed
Art. 80g. Repealed
Art. 80h. Repealed
Art. 80i. Repealed
Art. 80 units Repealed
Chapter 2c. National Contact Point
Art. 80k.National Contact Point
1.
A National Contact Point is being established at the central vehicle register.
2.
The National Contact Point is run by the minister responsible for computerization in the IT system referred to inArticle 80a, paragraph 4of the Central Register of Vehicles .
3.
The National Contact Point enables the exchange of information with the relevant national contact points of other European Union Member States and with national authorized entities – in the scope of data relating to vehicles and their owners or holders.
4.
The national authorized entities are, to the extent necessary to perform their statutory tasks:
1)
Police;
2)
Road Transport Inspection;
3)
municipal (city) guards;
4)
customs authorities;
5)
Border Guard.
5.
The exchange of information referred to in paragraph 3 takes place in connection with the commission of the infringements referred to in paragraph 6, in particular in order to facilitate the identification of persons suspected of committing an infringement while driving a vehicle registered in another Member State of the European Union on the territory of the Republic of Poland or while driving a vehicle registered in the Republic of Poland on the territory of another Member State of the European Union.
6.
The exchange of information referred to in paragraph 3 takes place in connection with the following road traffic violations:
1)
failure to comply with the speed limit;
2)
failure to use seat belts or transport the child in a child safety seat or other child restraint device;
3)
failure to comply with traffic light signals or signs ordering the vehicle to stop;
4)
driving a vehicle after consuming alcohol or in a state of intoxication;
5)
driving a vehicle after using or under the influence of an intoxicating substance;
6)
failure to comply with the obligation to wear protective helmets while driving;
7)
using the road or its individual parts in a manner inconsistent with its intended purpose;
8)
using a phone while driving that requires holding the handset or microphone in your hand.
Art. 80l.Exchange of information carried out by the National Contact Point
1.
The National Contact Point
shall exchange information referred to inArticle 80k paragraph 3 using data teletransmission devices and the software referred to in Article 15 paragraph 1 of Council Decision 2008/616/JHA of 23 June 2008 on the implementation of Decision 2008/615/JHA on the stepping up of cross-border cooperation, particularly in combating terrorism and cross-border crime (OJ L 210, 6.08.2008, p. 12), by:
1)
providing data upon requests from national contact points of other European Union Member States;
2)
forwarding inquiries from national authorised entities to national contact points of other European Union Member States;
3)
providing national authorised entities with answers to their enquiries referred to in point 2, provided by national contact points of other European Union Member States.
2.
The National Contact Point shall exchange information with the national contact points of other Member States of the European Union in accordance with the procedures set out in Chapter 3, points 2 and 3 of the Annex to the decision referred to in paragraph 1.
Article 80m.Use of information from the National Contact Point by national authorized entities
National authorized entities:
1)
submit requests for information referred to inArticle 80kNational Contact Point paragraph 3, via the National Contact Point using data teletransmission devices;
2)
make the information obtained available to the relevant officers or employees of national authorized entities for the purposes of ongoing proceedings;
3)
they use ICT solutions adapted to cooperate with the National Contact Point.
Art. 80n.Processing of data obtained from the National Contact Point
National authorized entities process data obtained through the National Contact Point only in connection with the commission of infringements referred to inArticle 80kNational Contact Point paragraph 6.
Art. 80o.Data provided by the National Contact Point
1.
The National Contact Point, upon requests from national contact points of other European Union Member States, provides these points with data on:
1)
vehicle:
a) registration number,
b) VIN or vehicle body, chassis or frame number,
c) country of registration,
d) make,
e) model,
f) category;
2)
the owner of the vehicle and the holder referred to inArticle 73 paragraph 5 ofthe Vehicle Registration Act :
a) name and surname (name or company),
b) address of residence (registered office),
c) PESEL number,
d) REGON identification number,
e) date and place of birth.
2.
Domestic authorized entities provide the following information in their requests for information:
1)
country of registration of the vehicle;
2)
vehicle registration number;
3)
country of perpetration of the violation;
4)
date of the violation;
5)
time of the violation;
6)
type of violation referred to inArticle 80kNational Contact Point paragraph 6.
Article 80p.Report on inquiries submitted via the National Contact Point
1.
The minister responsible for computerization prepares a report containing:
1)
the number of requests for information sent via the National Contact Point to the national contact points of other Member States of the European Union in connection with the commission of infringements referred to inArticle 80kNational Contact Point, paragraph 6, together with an indication of the type of infringements to which the requests related and the number of requests which did not result in the national contact points of other Member States of the European Union providing the information referred to inArticle 80kNational Contact Point, paragraph 3;
2)
the number of infringements referred to inArticle 80kNational Contact Point paragraph 6, in relation to which inquiries were sent via the National Contact Point, including the number of infringements:
a) detected by means of recording devices,
b) in relation to which a notification of an infringement was sent;
3)
the number of fatal accidents involving vehicles registered in other European Union Member States.
2.
The minister responsible for computerization shall submit to the European Commission the report referred to in paragraph 1 every two years, by 6 May for the period of the two previous calendar years.
3.
The report referred to in paragraph 1 is prepared:
1)
within the scope referred to in paragraph 1 point 1 – based on information obtained from the National Contact Point;
2)
within the scope referred to in paragraph 1 points 2 and 3 – based on information obtained from national authorized entities.
4.
Domestic authorized entities shall submit to the minister responsible for computerization the information referred to in paragraph 1 points 2 and 3 on a form in electronic form, using data teletransmission devices.
5.
Domestic authorized entities shall provide the minister responsible for computerization with the information referred to in paragraph 1 points 2 and 3 every two years, by 15 March for the period of the two previous calendar years.
Art. 80q.Processing of personal data by the National Contact Point
1.
The provisions of Chapter 781_4 of the Act of 16 September 2011 on the exchange of information with law enforcement authorities of the Member States of the European Union (Journal of Laws of 2023, item 783) shall apply accordingly to personal data processed under the provisions of this chapter by the National Contact Point and national authorized entities.
2.
The personal data referred to in paragraph 1 may be used only for the purposes specified inArticle 80kNational Contact Point paragraph 5 and in connection with the commission of the infringements referred to inArticle 80kNational Contact Point paragraph 6.
3.
Every person concerned has the right to obtain information about his or her personal data that has been transferred to another Member State of the European Union, including information about the date of the request and the competent authority of the other Member State of the European Union that obtained the personal data.
Article 80r.Statutory delegation
The minister responsible for computerization, in consultation with the minister responsible for transport, shall specify, by way of a regulation, the template for the submission of information referred to inArticle 80preport on inquiries submitted via the National Contact Point, paragraph 4, taking into account the scope of information specified inArticle 80preport on inquiries submitted via the National Contact Point, paragraph 1, and the need to standardize the form of the data submitted.
Chapter 2d. Professional vehicle registration
Article 80s.Vehicle registration certificate and vehicle registration plates
1.
The document confirming the admission to traffic of a motor vehicle, moped, agricultural tractor or trailer not previously registered in the territory of the Republic of Poland or abroad for the purpose of test driving these vehicles as part of the business conducted by an authorized entity is a professional registration certificate together with professional registration plates (plate).
2.
The entities authorized to use a professional registration certificate and professional registration plates (plates) within the scope of their business activities are:
1)
an entrepreneur with its registered office in the territory of the Republic of Poland, and in the case of an entrepreneur with its registered office abroad – a branch engaged in the production, distribution (sales conducted within the framework of trade) or testing of vehicles not previously registered in the territory of the Republic of Poland or abroad,
2)
a technical service referred to inArt. 4of the application for the performance of the tasks of a technical service of the Act of 14 April 2023 on vehicle approval systems and their equipment, or a research unit of the manufacturer of a vehicle, an item of equipment or a part conducting tests of a vehicle, an item of equipment or a part
- hereinafter referred to as "authorised entities".
3.
An entrepreneur engaged in the production of vehicles referred to in paragraph 2 point 1 shall be deemed to be the manufacturer of a complete, assembled or incomplete vehicle.
4.
A test drive is understood as a drive in road traffic with a vehicle not previously registered in the territory of the Republic of Poland or abroad, performed:
1)
using a professional registration certificate and professional license plates,
2)
as part of the activities carried out by the entity authorized to do so in the scope referred to in paragraph 2,
3)
by an authorized entity or persons referred to inArticle 80w,conditions for test driving a vehicle, paragraphs 2-4
- in order to test a manufactured or tested vehicle, including its equipment or parts, or a test of a vehicle being distributed.
5.
The professional registration certificate is a professional registration certificate form completed by the district head and an authorized entity. The professional registration certificate form is completed partly by the district head and partly by an authorized entity, in accordance with the scope specified in the provisions issued underArt. 80zcRegulation on defining the duties of the district head and templates of vehicle registration documents , paragraph 1, point 4.
6.
A professional registration certificate confirms the right to perform test drives for a period of:
1)
30 days from the date of completion of the professional registration certificate form by the authorized entity referred to in paragraph 2 point 1,
2)
6 months from the date of completion of the professional registration certificate form by the authorized entity referred to in paragraph 2 point 2
– but no longer than until the date of expiry or revocation of the decision on professional registration of vehicles for which the professional registration certificate forms were issued.
Art. 80t.Procedure for applying for a decision on professional vehicle registration
1.
An authorized entity may apply for a decision on professional vehicle registration if:
1)
has not been convicted by a final judgment of an offence against property, an offence against economic turnover or an offence against the credibility of documents - this applies to an entrepreneur if he is a natural person, or members of the governing bodies of a legal person or an organisational unit without legal personality;
2)
has made a declaration that:
a) each of the vehicles used for test drives will meet the conditions specified inArticle 66 ofthe Technical Requirements for Vehicles Participating in Traffic , appropriate for the vehicle used for these drives,
b) will use in road traffic, using a professional registration certificate, only vehicles not previously registered in the territory of the Republic of Poland or abroad, for which it has a documented right to dispose of them, and exclusively for the purpose of performing test drives,
c) professional registration certificate forms will be filled in only by an authorized entity or persons employed by that entity.
2.
The starosta competent for the seat or branch of the authorized entity, at the request of that entity, issues, for a fee, a decision on professional vehicle registration, blank professional registration certificates and professional registration plates.
3.
The application referred to in paragraph 2 shall be accompanied by:
1)
a statement that the authorized entity is entered in the Central Registration and Information on Business, or a copy of a current extract from the register of entrepreneurs in the National Court Register, or a statement on entry in this register, or a self-downloaded computer printout of current information about the authorized entity entered in the National Court Register – in the case of an entrepreneur with a registered office or branch in the territory of the Republic of Poland, engaged in the production, distribution or testing of vehicles;
2)
a copy of the document confirming the entity’s authorisation to carry out appropriate tests of the vehicle, equipment or parts – in the case of entities referred to inArticle 80s,the vehicle registration certificate and vehicle registration plates, paragraph 2, point 2;
3)
declarations:
a) of an entrepreneur, if he is a natural person, or of members of the governing bodies of a legal person or an organizational unit without legal personality, of no criminal record for an offense against property, an offense against economic turnover or an offense against the credibility of documents,
b) referred to in paragraph 1 point 2;
4)
a copy of proof of payment of the fee for issuing a decision on professional vehicle registration, blank professional registration certificates and legalized professional registration plates.
4.
The declarations referred to in paragraph 1 point 2 and paragraph 3 point 3 letter a are submitted under pain of criminal liability for making false declarations. The person submitting the declaration is obliged to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
5.
The fee for issuing a decision on professional vehicle registration, blank professional registration certificates and legalized professional registration plates (plates) is collected by the staroste.
6.
Fee for issuance:
1)
the decision on professional vehicle registration cannot exceed PLN 100;
2)
the value of a blank professional registration certificate cannot exceed PLN 20;
3)
professional license plates cannot exceed:
a) PLN 80 for a set of professional car plates,
b) PLN 40 for a professional motorcycle plate,
c) PLN 30 for a professional moped plate;
4)
the cost of the legalization mark cannot exceed PLN 15.
7.
The starosta, when carrying out the task referred to in paragraph 2, is not obliged to carry out the inspection referred to in Article 84 paragraph 2 point 1 letter d of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau.
Art. 80u.Decision on professional vehicle registration
1.
The decision on professional vehicle registration is issued by the starosta for a period of 1 year from the date of its issuance.
2.
In the decision on professional registration of vehicles, the staroste assigns one or, at the request of the authorized entity, more than one registration number.
3.
For the decision on professional vehicle registration, the staroste issues:
1)
professional registration certificates filled in by the person concerned in the number:
a) requested by the authorized entity, but not exceeding 100 pieces,
b) requested – in the case of an authorized entity engaged in the production of vehicles;
2)
legalized professional registration plates (plates) corresponding to the registration number or registration numbers assigned in the decision on professional vehicle registration.
4.
During the validity period of the decision on professional vehicle registration, the authorized entity, after using the blank professional vehicle registration certificates, may submit an application to the district head for the issuance of additional blank certificates in the number specified in paragraph 3, point 1, with the professional vehicle registration certificates attached to the application. In such a case, the district head issues an additional annex to the decision on professional vehicle registration.
Art. 80v.Another decision on professional vehicle registration
1.
If, no later than 60 days before the expiry date of the decision on professional vehicle registration, the authorized entity submits an application to the district head for another decision on professional vehicle registration, the district head issues another decision on professional vehicle registration, which will be effective from the day following the last day of the validity period of the previous decision on professional vehicle registration. The provisions ofArticle 80t(Procedure for Applying for a Decision on Professional Vehicle Registration) andArticle 80u(Decision on Professional Vehicle Registration ) shall apply.
2.
When submitting the application referred to in paragraph 1, the authorized entity is obliged to return the professional registration certificates.
3.
Unused blanks of professional registration certificates and existing professional registration numbers and professional registration plates (plates) are included by the staroste, free of charge, at the request of the authorized entity, in the next decision on professional vehicle registration, without the need to return them when submitting the application referred to in paragraph 1.
Art. 80w.Conditions for carrying out a vehicle test drive
1.
In order to test drive a given vehicle, a professional registration certificate form is completed.
2.
The test drive may be performed by an authorized entity or its employee.
3.
In the case of an authorized entity engaged in the production of vehicles, a test drive may also be performed on the basis of a civil law contract.
4.
A test drive is permitted for anyone interested in purchasing a vehicle, provided it is performed in the presence of an authorized vehicle distribution entity or its employee.
5.
An authorized entity that has obtained a decision on professional vehicle registration may not transfer a blank professional registration certificate, professional registration certificate or professional registration plates to the person who purchased the vehicle from that entity or to another entity.
6.
On the basis of a professional registration certificate, the staroste cannot register the vehicle, as referred to inArticle 73Vehicle registration andArticle 74Temporary vehicle registration .
Art. 80x.List of vehicles used by a given entity
1. An authorized entity that has obtained a decision on professional vehicle registration is obliged to maintain a list of vehicles used by it in road traffic using a professional registration certificate and legalized professional registration plate(s) in the IT system supporting the Central Register of Vehicles.
2. The authorized entity shall include in the list of vehicles referred to in par. 1 the data referred to inart. 80b par. 1 pt. 8bof the Central Register of Vehicles , by completing the form of the professional registration certificate, before this entity concludes athird -party liability insurance contract for motor vehicle owners, referred to inart. 4 pt. 1 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers' Bureau.
3. The authorized entity may include in the list of vehicles referred to in par. 1 the data referred to in art. 80b data in the Central Register of Vehicles , paragraph 1, point 8b, letter a, before the entity completes the professional registration certificate form.
(Art. 80x,the list of vehicles used by a given entity , enters into force after 2 months from the date of publication by the minister responsible for computerization of the information referred to inArt. 7of the Regulation on signs and signals mandatory in road traffic , in the Official Journal of the Minister of Digital Affairs.)
Art. 80y.Obligations of an entity operating in the field of production, distribution, testing of vehicles or vehicle equipment or parts
1.
Within 30 days from the date of expiry or revocation of the decision on professional vehicle registration, the authorized entity is obliged to return the blank professional registration certificates, professional registration certificates and professional registration plates (plates) to the staroste, using the return document.
2.
If, within 30 days of the expiration of the decision on professional vehicle registration, the authorized entity submits an application to the district head for another decision on professional vehicle registration, the district head, when issuing this decision, issues to that entity, free of charge, unused professional registration certificates and professional license plates. After this period, the district head may issue returned professional license plates for a fee to another authorized entity that submitted the application for a decision on professional vehicle registration, with that entity's consent.
3.
The authorized entity shall immediately notify the starosta about:
1)
cessation of activities in the field of production, distribution, vehicle testing or testing of equipment or parts;
2)
change of name or address of the registered office or branch or REGON identification number.
4.
In the event of a change in the authorized entity's data referred to in paragraph 3, point 2, the authorized entity, when submitting the notification referred to in paragraph 3, shall return the professional registration certificate forms and professional registration certificates to the staroste. The provisionsof Article 80t,concerning the procedure for applying for a decision on professional vehicle registration, shall apply accordingly.
Article 80z.Loss or destruction of vehicle registration documents or license plates
1.
In the event of loss or destruction of blank professional registration certificates, professional registration certificates or professional registration plates (plates), the authorized entity is obliged to immediately submit to the staroste a declaration that the blank professional registration certificates or professional registration certificates have been lost or destroyed, indicating their series and numbers, or that the professional registration plates (plates) have been lost or destroyed, indicating their registration number and legalization mark number.
2.
The declaration referred to in paragraph 1 is submitted under penalty of criminal liability for making false declarations. The person submitting the declaration is obligated to include the following clause: "I am aware of the criminal liability for making a false declaration." This clause replaces the authority's notice of criminal liability for making false declarations.
Art. 80za.Application for the issuance of blank registration certificates or vehicle registration plates in connection with the loss or destruction of the held
In the event that during the validity period of the decision on professional vehicle registration the following has been lost or destroyed:
1)
blank professional registration certificates or
2)
professional registration plates (plates)
– the authorized entity may submit to the starosta an application for the issuance, for a fee, of new plates in a number corresponding to the number of lost or damaged plates or new professional registration plates (plates).
Art. 80zb.Repeal of the decision on professional vehicle registration
1.
The staroste, by way of a decision, revokes the decision on professional vehicle registration if:
1)
the entrepreneur has ceased to conduct business in the field of production, distribution or testing of vehicles;
2)
the technical service referred to inArt. 4of the application for the performance of the tasks of a technical service of the Act of 14 April 2023 on vehicle approval systems and their equipment, or the research unit of the manufacturer of the vehicle, item of equipment or part carrying out tests of the vehicle, item of equipment or part has ceased to carry out the relevant tests of the vehicle, item of equipment or part;
3)
it was revealed that after the date of issuing the decision on professional registration of vehicles:
a) the entrepreneur, if he is a natural person, or a member of the authorities of a legal person or an organizational unit without legal personality was finally convicted of an offence against property, an offence against business transactions or an offence against the credibility of documents,
b) the authorized entity used vehicles in road traffic with the use of a professional registration certificate for which he did not have a documented right to dispose of them;
4)
the authorized entity submitted a false declaration referred to inArticle 80t,paragraph 3, point 3, letter a;
5)
the authorized entity submitted a false declaration about the loss or destruction of blank professional registration certificates, professional registration certificates or professional registration plates;
6)
the authorized entity submitted an application to the staroste for the issuance of additional or new blank professional registration certificates during the validity period of the decision on professional vehicle registration, and did not return the professional registration certificates or did not submit a declaration of their loss or destruction, referred to inArticle 80zparagraph 1;
7)
the authorized entity transferred the professional registration certificate form, professional registration certificate or professional registration plates (plate) to another entity;
8)
the authorized entity performed a test drive using a blank professional registration certificate;
9)
the authorized entity failed to comply with the obligation to maintain a list of vehicles referred to in Article 80x, paragraph 1.
2.
The decision to revoke the decision on professional vehicle registration is subject to immediate execution.
3.
The authorized entity may re-apply for a decision on professional vehicle registration no earlier than after 2 years from the date on which:
1)
the decision on professional registration of vehicles was revoked for the reasons referred to in paragraph 1 points 3–9;
2)
the decision on professional registration of vehicles was revoked for the reasons referred to in paragraph 1 points 1 and 2, and the authorized entity did not return the blank professional registration certificates, professional registration certificates and professional registration plates (plates) to the staroste or did not submit the declaration referred to in Article 80z paragraph 1;
3)
the validity period of the decision on professional vehicle registration has expired, and within 30 days of the expiry of this period the authorized entity has not returned the blank professional registration certificates, professional registration certificates and professional registration plates (plates) to the staroste or has not submitted the declaration referred to inArt. 80z paragraph 1of the loss or destruction of registration documents or vehicle registration plates .
Art. 80zc.Regulation on specifying the duties of the starosta and templates of vehicle registration documents
1.
The minister responsible for transport shall determine, by regulation:
1)
activities of the starosta in matters related to professional vehicle registration;
2)
template of:
a) an application for issuing a decision on professional registration of vehicles,
b) a decision on professional registration of vehicles, c) declarations
referred to inArticle 80t , paragraph 3, point 3,
d) an application for issuing additional or new blank professional registration certificates or new professional registration plates,
e) a document for returning blank professional registration certificates, professional registration certificates and professional registration plates;
3)
template and description of the professional registration certificate form;
4)
the scope of filling out the professional registration certificate form by the staroste and the authorized entity;
5)
a template and description of professional license plates, the technical conditions that these plates must meet, and the scope and method of their testing;
6)
conditions and method of distribution of blank professional registration certificates;
7)
the fee for issuing:
a) a decision on professional vehicle registration,
b) a blank professional registration certificate,
c) professional registration plates, including:
– a set of professional car plates,
– a professional motorcycle plate,
– a professional moped plate,
d) a legalisation mark.
2.
When issuing the regulation referred to in paragraph 1, the minister responsible for transport shall take into account:
1)
the need to standardise the templates of documents and plates issued as part of professional vehicle registration and the need to ensure their functionality;
2)
the need to properly secure professional registration certificates and professional license plates;
3)
the cost of producing blank professional registration certificates and professional registration plates;
4)
costs of administrative activities related to issuing decisions on professional vehicle registration, blank professional registration certificates and legalized professional registration plates;
5)
the need to minimize administrative burdens on eligible entities.
Art. 80z.Indexation of fees for vehicle registration activities
1.
The fee rates referred to inart. 80tprocedure for applying for a decision on professional registration of vehicles paragraph 6 andart. 80zcregulation on determining the activities of the starosta and templates of vehicle registration documents paragraph 1 point 7 letters b and d, are subject to indexation every 6 years to the extent corresponding to the total price index of consumer goods and services for the period of the previous 6 years calculated on the basis of the average annual price indices of consumer goods and services announced in announcements of the President of the Central Statistical Office in the Official Journal of the Republic of Poland "Monitor Polski".
2.
If the indicator referred to in par. 1 has a negative value, the fee rates referred to inart. 80tprocedure for applying for a decision on professional vehicle registration par. 6 andart. 80zcregulation on determining the activities of the starosta and templates of vehicle registration documents par. 1 point 7 letters b and d, shall not change.
3.
Every 6 years, no later than by 31 October, the minister responsible for transport shall announce, after seeking the opinion of the President of the Central Statistical Office, by means of a notice in the Official Journal of the Republic of Poland "Monitor Polski", the fee rates referred to inArticle 80t, the procedure for applying for a decision on professional vehicle registration, paragraph 6, andArticle 80zc,the regulation on defining the activities of the starosta and templates of vehicle registration documents , paragraph 1, item 7, letters b and d, applicable from 1 January of the following year, rounding them up to PLN 0.5 or to the nearest PLN.
Article 80ze.Storage of vehicle registration documents
1.
The authorized entity stores:
1)
decision on professional vehicle registration,
2)
blank professional registration certificates and professional registration certificates,
3)
professional license plates (plates)
– at your headquarters or branch, in a way that protects them against theft or destruction and access by unauthorized persons.
2.
The authorized entity stores:
1)
a decision on professional vehicle registration for a period of 5 years from the date on which the validity period of that decision expired or from the date of annulment of that decision;
2)
blank professional registration certificates, professional registration certificates and professional registration plates (plates) until they are returned to the staroste.
3.
In the event of theft of blank professional registration certificates, professional registration certificates or professional registration plates, the authorized entity shall notify the competent Police authority and the staroste who issued the decision on professional vehicle registration.
Art. 80zf.Retention of a professional registration certificate due to a violation of the provisions of the Act
1.
It is prohibited to:
1)
use of a professional registration certificate or professional registration plates by an unauthorized person;
2)
performing a test drive without a completed professional registration certificate.
2.
In the event of three seizures of a professional registration certificate within a given calendar year, the authorized entity shall be subject to a fine referred to in Article 140ma, paragraph 2 .
3.
The staroste, after receiving information from the administrator of the central register of vehicles about the first seizure of a professional registration certificate to an authorized entity, informs this entity that in the event of the third seizure of a professional registration certificate during a given calendar year, he will impose on it a fine referred to in Article 140ma, paragraph 2.
Chapter 3. Technical inspections of vehicles
Art. 81.Technical examinations
1.
The owner of a motor vehicle, agricultural tractor, slow-moving vehicle included in a tourist train, moped, trailer or passenger car intended for sports competitions is obliged to submit it for a technical inspection.
2.
Technical inspections are divided into periodic inspections, additional inspections and inspections of compliance with
technical conditions.
3.
The first periodic technical inspection is carried out before the first registration of the vehicle in the territory of the Republic of Poland.
4.
The examination referred to in paragraph 3 does not apply to:
1)
a new vehicle for which:
a) an EC certificate of conformity for each vehicle for which type was issued, respectively:
– an EC vehicle type-approval certificate,
– an EC vehicle type-approval certificate for vehicles produced in small series,
b) a certificate of conformity for each vehicle for which type was issued, respectively:
– a vehicle type-approval certificate,
– a vehicle type-approval certificate for vehicles produced in small series,
c) individual vehicle approval,
d) decision on the recognition of individual vehicle approval,
e) EC individual vehicle approval certificate, f) documents referred to in the Act of 14 April 2023 on vehicle
approval systems and their equipment:
– certificate of conformity,
– declaration of conformity referred to inArt. 27, sec. 2 of the Act of 14 April 2023 on vehicle approval systems and their equipment,
– national individual vehicle approval certificate,
– EU individual vehicle approval certificate,
– recognition of a national individual vehicle approval certificate issued by a competent authority of a European Union Member State other than the Republic of Poland;
2)
a registered vehicle:
a) for which an EC vehicle type-approval certificate, an EC vehicle type-approval certificate for vehicles produced in small series or an EU vehicle type-approval certificate was issued – in the period from the date of first registration abroad to the date of the periodic technical inspection, determined pursuant to paragraph 5, or
b) whose registration certificate or another document issued by the competent authority of a Member State
presented for registration contains information on the technical inspection performed and its validity period
– with the exception of a taxi, an emergency vehicle or a vehicle suitably adapted or equipped in accordance with the provisions on the transport of dangerous goods, a vehicle with an installed technical device subject to technical inspection and a vehicle designed for left-hand traffic.
5.
Periodic technical inspection of the vehicle is carried out annually, subject to paragraphs 6-10.
6.
Periodic technical inspections of passenger cars, trucks with a gross vehicle weight not exceeding 3.5 tonnes, motorcycles, or trailers with a gross vehicle weight not exceeding 3.5 tonnes are conducted within three years of first registration, then within five years of first registration, and no later than two years from the date of the previous technical inspection, and then within one year from the date of the inspection. This does not apply to vehicles transporting dangerous goods, taxis, motor vehicles designed to transport between 5 and 9 passengers, used for commercial road passenger transport, "SAM" vehicles, gas-powered vehicles, emergency vehicles, and vehicles used for driving lessons or state exams, which are subject to annual technical inspections.
7.
Periodic technical inspection of an agricultural tractor, agricultural trailer and moped is carried out within 3 years from the date of first registration, and then before the expiry of each subsequent 2 years from the date of the inspection.
8.
The provisions of paragraphs 6 and 7 also apply to vehicles referred to in paragraphs 6 and 7 registered for the first time abroad. In this case, the date of first registration referred to in paragraphs 6 and 7 shall be deemed to be the date of first registration abroad.
9.
Periodic technical inspection of a bus is carried out within one year from the date of first registration and then every 6 months.
10.
Light trailers, vintage vehicles, and passenger cars intended for sports competitions are not subject to periodic technical inspections. In the case of vintage vehicles used for commercial road transport, they are subject to annual technical inspections.
11.
Regardless of the tests referred to in paragraphs 3-5, the following vehicles are subject to additional technical inspection:
1)
referred by a road traffic control authority:
a) in the event of a justified suspicion that it poses a threat to road safety or violates environmental protection requirements,
b) who was involved in a road accident in which the essential load-bearing elements of the bodywork, chassis or frame were damaged, subject to point 5, or shows signs of damage or whose technical condition indicates a violation of the load-bearing elements of the vehicle structure, which may pose a threat to road traffic safety;
2)
directed by the starosta or at the request of the vehicle owner:
a) for the purpose of identification or establishing the data necessary for its registration,
b) if the documents required for its registration indicate that it was involved in a road accident or violates environmental protection requirements;
2a)
referred by the starosta after receiving:
a) information referred to inArt. 54freceiving information from an EU country on the need to carry out a technical inspection of a vehicle registered in the Republic of Poland of the Act of 6 September 2001 on road transport,
b) a request from a road traffic control authority on the need to carry out an additional technical inspection of a vehicle of categories M2, M3, N2and N2, a trailer of categories O3and O4and a wheeled tractor of categories T1b, T2b, T3b, T4.1b, T4.2b, T4.3band T5used on a public road to perform commercial transport of goods;
3)
in which structural changes or replacement of elements have been made resulting in a change of data in the registration certificate, subject toArt. 66technical requirements for vehicles participating in traffic , paragraph 4 points 5 and 6, excluding the installation of a gas supply system;
4)
which is to be used as a taxi, emergency vehicle, driving school vehicle, state examination vehicle or a vehicle adapted or equipped in accordance with the regulations on the transport of dangerous goods by road;
5)
in which the repair resulting from the significant damage was carried out;
6)
in which, during the technical inspection, traces of damage or damage to the load-bearing elements of the vehicle structure were found, which may pose a threat to road safety;
7)
for which technical requirements are specified in the provisions on value added tax, personal income tax or corporate income tax;
8)
a bus whose permissible speed on the highway and expressway is 100 km/h, subject to compliance with additional technical conditions;
9)
for which additional technical requirements are specified in international agreements on international road transport;
10)
equipped with an alcohol lock.
11a.
A historic vehicle is subject to inspection for compliance with technical conditions before its first registration in the territory of the Republic of Poland.
11b.
A passenger car intended for sports competitions is subject to annual inspection for compliance with technical conditions.
12.
A technical inspection of a vehicle with a technical device subject to technical inspection installed may be carried out after presenting a document issued by the competent technical inspection authority, confirming the efficiency of the technical device.
12a.
The technical inspection of a vehicle equipped with an alcohol interlock is carried out after presenting a document confirming the calibration of the alcohol interlock, issued by the manufacturer of the device or its authorized representative, valid for a period of 12 months from the date of issue.
12b.
The technical inspection of an agricultural tractor and a tracked tractor with a maximum design speed not exceeding 40 km/h, as well as a trailer intended to be coupled to these vehicles, may be carried out in infrastructure other than a test stand at a vehicle inspection station if:
1)
this infrastructure meets the requirements specified in the regulations issued pursuant toArticle 84bof the Regulation on the conditions and requirements for conducting technical inspections of vehicles ;
2)
an entrepreneur or a non-entrepreneur operating a vehicle inspection station has the control and measurement equipment specified in these provisions.
12c.
The provision of paragraph 12b does not apply to the technical inspection referred to in paragraphs 3 and 11.
12d.
The technical inspection of vehicles referred to in paragraph 12b is conducted at the request of the vehicle owner or keeper. The vehicle owner or keeper submits the application to the entrepreneur or non-entrepreneur operating the vehicle inspection station in writing, in paper or electronic form. In the application, the vehicle owner or keeper confirms that they have the infrastructure that meets the requirements specified in the regulations issued pursuant toArticle 84bof the Regulation on the conditions and requirements for conducting technical inspections of vehicles , where the technical inspection can be conducted.
12e.
The cost of travel of an authorized diagnostician to the infrastructure referred to in paragraph 12b is covered by the owner or keeper of the vehicle together with the submission of the application referred to in paragraph 12d.
12f.
Before carrying out a technical inspection, an authorized diagnostician shall verify whether the infrastructure referred to in paragraph 12b meets the requirements specified in the regulations issued pursuant toArticle 84bof the Regulation on the conditions and requirements for conducting technical inspections of vehicles .
12g.
If, in the opinion of an authorized diagnostician, the infrastructure referred to in paragraph 12b does not meet the requirements specified in the provisions issued on the basis ofArticle 84bof the Regulation on the conditions and requirements for conducting technical inspections of vehicles , the authorized diagnostician shall refuse to carry out the technical inspection.
13.
If difficulties arise in determining the vehicle's parameters, a technical inspection may be carried out after presenting the opinion of a car appraiser referred to inArticle 79aCar appraiser .
14.
The validity period of the vehicle technical inspection referred to in paragraph 4 point 2 letter b shall be deemed to be valid unless it is longer than the validity period of the technical inspection determined on the basis of paragraphs 5-10.
15.
The minister responsible for transport will determine, by way of a regulation, the scope and method of conducting technical inspections and the templates of documents used for these inspections, taking into account in particular the scope of technical conditions of the vehicles subject to inspection.
16.
The minister responsible for transport, taking into account the need to ensure the safe use of historic vehicles and the scope of the technical conditions of these vehicles subject to testing, will determine, by way of a regulation, the scope and method of conducting tests of compliance of these vehicles with the technical conditions, and the templates of documents related to these tests.
17.
The minister responsible for transport shall determine, by way of a regulation, the scope and method of conducting tests on the compliance of passenger cars intended for sports competitions with technical requirements and the templates of documents related to these tests, taking into account the need to ensure the safe use of passenger cars intended for sports competitions and the scope of technical requirements on compliance with which these cars are subject to testing.
Article 81a.Odometer replacement
Odometer replacement is permitted when the odometer is not measuring the vehicle's mileage when, due to its intended use, it should, or when it is necessary to replace a vehicle component to which the odometer is inextricably linked. The odometer may only be replaced with an odometer that is functional and appropriate for the vehicle type.
Art. 81b.Obligation to read the odometer reading
1.
The owner or keeper of a motor vehicle, agricultural tractor, slow-moving vehicle included in a tourist train, or moped, even unregistered, who has replaced the odometer, is obliged, within 14 days of the date of replacement of the odometer, to present the vehicle to a vehicle inspection station for an odometer reading, as referred to inArticle 81a , second sentence, onodometer replacement , together with the unit of measurement. The provisions ofArticle 81, paragraph 13,of technical inspections, shall apply accordingly.
2.
Failure to meet the deadline referred to in paragraph 1 shall not constitute grounds for the vehicle inspection station to refuse to read the odometer reading together with the unit of measurement.
2a.
The provisions of paragraph 1 shall not apply to vehicles referred to inArticle 73,vehicle registration, paragraphs 2b and 3.
3.
The condition for taking the reading referred to in paragraph 1 is that the owner or keeper of the vehicle pays a fee for taking the odometer reading together with the unit of measurement.
4.
The maximum fee for taking an odometer reading, including the unit of measurement, cannot exceed PLN 100. The fee constitutes income for the entrepreneur operating the vehicle inspection station.
5.
The procedure referred to in paragraph 1 is performed after the vehicle owner or keeper submits a written declaration of odometer replacement to the diagnostician, prepared on an official form. The declaration includes:
1)
name and surname of the person submitting the declaration;
2)
the PESEL number of the person submitting the declaration, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
3)
residential address of the person submitting the declaration;
4)
vehicle identification data;
5)
date and reason for odometer replacement;
6)
designation of the place and date of submission of the declaration;
7)
a clause reading: "I am aware of criminal liability for making a false declaration.";
8)
legible signature of the person making the declaration.
6.
The declaration referred to in paragraph 5 is submitted under penalty of perjury. The clause referred to in paragraph 5, point 7, replaces the information on perjury.
7.
The date and reason for replacing the odometer shall be determined, on the basis of the declaration referred to in paragraph 5, by an authorized diagnostician employed at a vehicle inspection station.
8.
The Minister of Justice shall determine, by regulation:
1)
a template of the official form for the declaration of the owner or keeper of the vehicle on the replacement of the odometer, taking into account the reliable documentation of activities related to the replacement of the odometer;
2)
the authority obliged to store the declaration referred to in paragraph 5 and the method of transmitting this declaration, taking into account the importance of this document for the information collected about the vehicle.
9.
The Minister responsible for transport will determine, by way of a regulation, the detailed activities of authorized diagnosticians related to reading the odometer reading together with the unit of measurement and the amount of the fee for reading the odometer reading together with the unit of measurement, taking into account the need to ensure a uniform procedure for reading the odometer reading together with the unit of measurement, reliable documentation of activities related to odometer replacement and the costs of these activities, including the necessary workload, as well as the principle of proportionality of fees.
Art. 82.Entry of the vehicle's technical inspection date in the registration certificate
1.
The body registering the vehicle enters the date of the vehicle's technical inspection in the registration certificate.
2.
After performing a technical inspection of the vehicle, an authorized diagnostician:
1)
issues a certificate of a completed technical inspection of the vehicle;
2)
enters the next technical inspection date in the registration certificate, if there is a free space in the appropriate box of this certificate - after confirming a positive result of the vehicle's technical inspection.
Art. 83.Place of vehicle technical inspection and financing of the costs of the inspection
1. The technical inspection is carried out after the owner or keeper of the vehicle pays the fee for carrying out the technical inspection in:
1)
basic vehicle inspection station – in the scope of:
a) periodic technical inspection of vehicles with a permissible total weight not exceeding 3.5 t, with the exception of letters b, d and e,
b) periodic technical inspection of agricultural tractors and tracked tractors with a maximum design speed not exceeding 40 km/h, provided that the station meets the requirements referred to in the provisions issued on the basis ofart. 84aof the Regulation on vehicle inspection stations , par. 1 point 1 in terms of the dimensions of the external stand,
c) additional technical inspections in relation to the vehicles referred to in letter a, with the exception of par. 1a,
d) technical inspections of trailers intended to be coupled to vehicles specified in letter a, provided that the station meets the requirements referred to in the provisions issued on the basis ofart. 84aof the Regulation on vehicle inspection stations , par. 1 point 1 in terms of the length of the test stand,
e) periodic technical inspections of trailers intended to be coupled to vehicles specified in letter b, provided that the station meets the requirements referred to in the provisions issued on the basis ofart. Article 84aof the Regulation on Vehicle Inspection Stations, paragraph 1, point 1, regarding the dimensions of the external stand;
2)
district vehicle inspection station - in the scope of:
a) periodic technical inspection of all vehicles,
b) additional technical inspections of vehicles referred to in letter a,
c) tests regarding compliance with the technical conditions for historic vehicles.
1a. Technical inspection in the scope of tests regarding compliance with technical conditions of a bus whose permissible speed on a motorway and expressway is 100 km/h, a vehicle intended for the transport of dangerous goods, a historic vehicle, a "SAM" brand vehicle, a vehicle in which structural changes have been made or elements replaced resulting in a change of data in the registration certificate and a vehicle for which technical requirements are specified in the provisions of the Act of 11 March 2004 on the goods and services tax (Journal of Laws of 2024, items 361 and 852), the Act of 26 July 1991 on the personal income tax (Journal of Laws of 2024, items 226, 232, 854, 858, 859 and 863) or the Act of 15 February 1992 on the corporate income tax (Journal of Laws of 2023, item 2805 and 2024, items 232 and 854), and for which additional requirements are specified in international agreements concerning international road transport, is carried out only at a district vehicle inspection station.
1b. In the case of making the fee referred to in par. 1 in non-cash transactions, its payment shall be deemed to be the submission by the owner or keeper of the vehicle of an instruction to debit a bank account, an account at a cooperative savings and credit union, a payment account at a payment institution or an electronic money institution on the basis of a transfer order or payment by means of a payment instrument other than a transfer order.
1c. The fee referred to in par. 1 may be paid after a technical inspection has been carried out, if the agreement concluded between the entrepreneur operating the vehicle inspection station and the owner or keeper of the vehicle so provides.
1d. (repealed)
2. The business activity of operating a vehicle inspection station is a regulated activity within the meaning of the provisions of the Act of 6 March 2018 – Entrepreneurs' Law and requires an entry in the register of entrepreneurs operating a vehicle inspection station.
2a. A vehicle inspection station may be operated by the following entities that are not entrepreneurs:
1)
a school or training center providing training in professions related to the repair and operation of vehicles;
2)
a unit:
a) organizational unit of services subordinated to or supervised by the minister responsible for internal affairs,
b) organizational unit subordinated to or supervised by the Minister of National Defence, the minister responsible for health, the minister responsible for higher education and science or the minister responsible for transport,
c) fire protection,
d) the State Emergency Medical Services system.
2b. In relation to the entities referred to in par. 2a, the provisions relating to entrepreneurs specified in this chapter shall apply accordingly.
2c. Public funds transferred for the core activities of the entities referred to in par. 2a may not be used in connection with conducting business activities referred to in par. 2.
3. A vehicle inspection station may be operated by an entrepreneur who:
1)
has its registered office or place of residence in the territory of the Republic of Poland;
2)
is not an entrepreneur in respect of whom liquidation has been opened or bankruptcy has been declared;
3)
has not been convicted by a final judgment of an offence committed for the purpose of obtaining financial benefits or an offence against documents - applies to a natural person or members of the bodies of a legal person;
4)
has control and measurement equipment and premises that guarantee the performance of an appropriate scope of technical tests of vehicles in accordance with the detailed conditions for carrying out these tests;
5)
has a certificate of compliance of the equipment and premises with the requirements appropriate to the scope of tests performed, entered in the register of entrepreneurs running a vehicle inspection station;
6)
employs authorized diagnosticians.
4. The certificate referred to in paragraph 3, point 5, is issued, for a fee, by decision of the Director of Transport Technical Inspection, after inspecting the vehicle inspection station. The certificate remains valid until the factual circumstances for which it was issued change, but no longer than 5 years from the date of its issuance.
Art. 83a.Register of entrepreneurs running vehicle inspection stations
1.
The authority competent to maintain the register of entrepreneurs running a vehicle inspection station is the starosta (starosta) competent for the place of conducting the activity covered by the entry.
2.
If an entrepreneur conducts business activities referred to inArticle 83paragraph 2, in organizational units located in different poviats, he is obliged to obtain an entry in separate appropriate registers for each of these units.
3.
An entry in the register of entrepreneurs running a vehicle inspection station is made at the entrepreneur’s request containing the following data:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
the number in the register of entrepreneurs in the National Court Register, if the entrepreneur has such a number, and the REGON identification number, if the entrepreneur has such a number;
3)
Tax Identification Number (NIP) – if the entity is obliged to use this number under the provisions on the principles of recording and identifying taxpayers and payers;
4)
address of the entrepreneur's vehicle inspection station;
5)
the scope of research that the entrepreneur intends to conduct;
6)
names and surnames of employed diagnosticians along with their authorization numbers.
4.
Together with the application, the entrepreneur submits the following declaration:
"I declare that:
1)
the data contained in the application for entry into the register of entrepreneurs running a vehicle inspection station are complete and true;
2)
I am familiar with and meet the conditions for conducting business activity in the field of running a vehicle inspection station, specified in the Act of 20 June 1997 - Road Traffic Law."
5.
The declaration should also include:
1)
the entrepreneur's name and place of residence or registered office and address;
2)
designation of the place and date of submission of the declaration;
3)
signature of the person authorized to represent the entrepreneur, indicating the name and surname and function performed.
5a.
The minister responsible for transport will specify a template for an application to change the data contained in the register of entrepreneurs operating a vehicle inspection station and a template for an application to remove a vehicle inspection station from the register of entrepreneurs operating a vehicle inspection station, in the form of electronic documents within the meaning of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
6.
The register of entrepreneurs operating a vehicle inspection station shall include the entrepreneur's data referred to in paragraph 3, with the exception of the address of residence, if it is different from the registered office address.
7.
The staroste may consent to the placing of assigned vehicle identification features by a vehicle inspection station.
Article 83aa.Certificate of entry in the register of entrepreneurs running a vehicle inspection station
The relevant staroste issues ex officio a certificate of entry in the register of entrepreneurs running a vehicle inspection station.
Art. 83ab.Rectification of an entry in the register
1.
The relevant staroste shall ex officio correct any entry in the register containing obvious errors or inconsistencies with the factual situation.
2.
In the event of a change in the data entered in the register, the entrepreneur is obliged to submit an application to change the entry in the register within 14 days from the date on which the change in the data occurred.
Art. 83ac.Deadline for making an entry in the register of entrepreneurs running a vehicle inspection station
1.
The competent staroste is obliged to enter the entrepreneur into the register of entrepreneurs operating a vehicle inspection station within 7 days from the date of receipt of the application for entry together with the declaration referred to inArticle 83a, paragraph 4of the register of entrepreneurs operating vehicle inspection stations .
2.
If the relevant district head fails to make the entry within the deadline referred to in paragraph 1, and 14 days have passed since the application was received, the entrepreneur may commence business operations. This does not apply if the district head has requested the entrepreneur to supplement the entry application no later than 7 days after its receipt. In such a situation, the deadline referred to in the first sentence shall run from the date the supplemented entry application is received.
Art. 83b.Supervision of vehicle inspection stations
1.
The starosta supervises vehicle inspection stations.
2.
As part of the supervision exercised, the starosta:
1)
at least once a year, carries out an inspection of the vehicle inspection station in terms of:
a) the station’s compliance with the requirements referred to in Article 83 paragraph 3,
b) the correctness of performing vehicle technical inspections,
c) the correctness of maintaining the required documentation;
2)
issues post-inspection recommendations and sets a deadline for removing violations of the conditions for conducting business activities related to the operation of vehicle inspection stations;
3)
issues a decision prohibiting an entrepreneur from operating a vehicle inspection station, removing the entrepreneur from the register of regulated activities, if the entrepreneur:
a) submitted the declaration referred to inArticle 83a , paragraph 4,of the Register of Entrepreneurs Operating Vehicle Inspection Stations , which is inconsistent with the factual circumstances,
b) failed to eliminate the violations of the conditions for conducting business activity in the scope of operating a vehicle inspection station within the time limit set by the staroste,
c) grossly violated the conditions for conducting business activity in the scope of operating a vehicle inspection station.
2a.
The decision referred to in paragraph 2 point 3 is subject to immediate execution.
2b.
In the event of issuing the decision referred to in paragraph 2 point 3, if the entrepreneur conducts business activities covered by the entry also on the basis of entries in other registers of regulated activities in the same scope of business activities, the entrepreneur is also deleted ex officio from these registers of regulated activities.
3.
The staroste may, by agreement, entrust inspection activities to the Director of Transport Technical Supervision.
4.
(repealed)
Art. 83ba.Re-entry into the register of entrepreneurs operating a vehicle inspection station
1.
An entrepreneur who has been removed from the register of entrepreneurs running a vehicle inspection station may be re-entered into the register in the same scope of business activity no earlier than after 3 years from the date of issuing the decision referred to in Article 83b , paragraph 2, point 3.
2.
The provisions of paragraph 1 shall apply accordingly to entrepreneurs who have conducted business activities without being entered in the register. This does not apply to the situation specified in Article 83ac paragraph 2.
Art. 83bb.Deletion from the register of entrepreneurs running a vehicle inspection station
The competent staroste deletes an entrepreneur from the register of entrepreneurs operating a vehicle inspection station at his request, and also after obtaining information from the Central Register and Information on Business Activity or the National Court Register about the deletion of the entrepreneur.
Art. 83c.Control of the entrepreneur's business activity
The provisions of Chapter 5 of the Act of 6 March 2018 – Entrepreneurs’ Law – apply to the control of the entrepreneur’s business activity.
Art. 84.Authorization to perform technical inspections of vehicles
1.
The technical inspection of vehicles is performed by an authorized diagnostician employed at a vehicle inspection station.
2.
The staroste issues a permit to perform technical inspections if the person applying for it has the required technical education and experience, has completed the required training and passed the qualifying examination.
2a.
The examination referred to in paragraph 2 is conducted, for a fee, by a commission appointed by the Director of Transport Technical Supervision.
2b.
The required technical education and experience referred to in paragraph 2 shall be understood as:
1)
higher education in the field of technical sciences with a specialization in automotive engineering and documented 6 months of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station, or
2)
secondary technical education or secondary vocational education, with a specialization in automotive engineering and a documented year of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station, or
3)
higher education in the field of technical sciences with a specialization other than automotive and documented one year of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station, or
4)
secondary technical education or secondary vocational education, with a specialization other than automotive and documented 2 years of practice at a vehicle inspection station or in a vehicle repair facility (workshop) at a vehicle inspection or repair station.
2c.
A person applying for a licence to perform technical inspections who has completed higher education in a field of study in the field of technical sciences including knowledge and skills in the field of automotive diagnostics is exempt from the obligation to complete the training referred to in paragraph 2.
2d.
The exemption referred to in paragraph 2c is granted on the basis of documents attached to the application confirming completion of higher education.
2e.
The period of internship referred to in paragraph 2b points 1 and 3 includes the internship covered by the study program, provided that the internship is carried out on the basis of an agreement concluded between the university and a vehicle inspection station or an entity referred to in Article 86 paragraph 1.
3.
The staroste shall withdraw the diagnostician’s authorisation to perform technical inspections if, as a result of the inspection
referred to inArticle 83b, paragraph 2, point 1, the following has been found:
1)
the diagnostician carrying out a technical examination contrary to the specified scope and method of execution;
2)
the diagnostician issuing a certificate or making an entry in the vehicle's registration certificate that is inconsistent with the actual state of affairs or regulations.
4.
If a diagnostician's authorisation to perform technical inspections is withdrawn, a new authorisation cannot be issued earlier than 5 years from the date on which the decision on withdrawal became final.
Article 84a.Regulation on vehicle inspection stations
1.
The minister responsible for transport shall determine, by regulation:
1)
detailed requirements for vehicle inspection stations carrying out technical inspections within a specific scope;
1a)
a template of the application for entry into the register of entrepreneurs running a vehicle inspection station and a template of the certificate confirming the entrepreneur’s entry into this register;
2)
the diagnostician training program, the method of conducting the qualifying examination referred to inArticle 84,paragraph 2, and the fee for the examination, as well as templates of documents related to obtaining the authorization to perform technical inspections;
3)
the amount of fees for:
a) issuing the certificate referred to inArticle 83, paragraph 3, point 5, place of technical inspection of the vehicle and financing of the costs of the inspection ,
b) conducting technical inspections.
2.
When issuing the regulation referred to in paragraph 1, the minister responsible for transport will take into account, in particular, the technical conditions of the vehicles subject to testing, the need to ensure appropriate qualifications of diagnosticians performing the test and the costs of performing the tests.
Art. 84b.Regulation on the conditions and requirements for conducting technical inspections of vehicles
1.
The minister responsible for transport shall determine, by regulation:
1)
minimum requirements for infrastructure other than the inspection stand at the vehicle inspection station;
2)
control and measurement equipment used to carry out technical inspections of vehicles in infrastructure other than the inspection stand at a vehicle inspection station;
3)
template of the application for carrying out a technical inspection of a vehicle in an infrastructure other than a test stand at a vehicle inspection station.
2.
When issuing the regulation referred to in paragraph 1, the minister responsible for transport shall take into account:
1)
conditions and requirements guaranteeing the performance of technical inspections of vehicles referred to inArticle 81, paragraph 12b, in accordance with the scope and method of conducting these inspections;
2)
technical conditions of vehicles subject to technical inspection in infrastructure other than the inspection stand at a vehicle inspection station;
3)
the need to standardize the application and the need to increase the availability of technical inspections of vehicles in infrastructure other than a control stand at a vehicle inspection station.
Art. 85.Technical inspections of trams and trolleybuses
1.
Trams and trolleybuses are subject to separate technical inspections.
2.
The minister responsible for transport shall determine, by way of a regulation, the scope, conditions, deadlines and method of conducting technical inspections of trams and trolleybuses and the entities performing these inspections, taking into account in particular:
1)
technical conditions of vehicles subject to testing;
2)
the process of wearing out basic parts and equipment of these vehicles that have a direct impact on traffic safety;
3)
appropriate equipment for units performing these tests.
Art. 86.Technical inspections of vehicles of certain services
1.
To vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anticorruption Bureau, the State Protection Service, the Border Guard and the National Revenue Administration used by the Customs and Tax Administration, to which the conditions and procedure for registration specified inart. 73vehicle registration par. 3 and inart. 76of the Regulation on the conditions and procedure for registration of vehicles and the distribution of blank forms par. 4 pt. 1 apply, and vehicles belonging to foreign armed forces staying on the territory of the Republic of Poland on the basis of international agreements referred to inart. 73vehicle registration par. 2b, as well as to vehicles of the State Fire Service, the provisionsof art. 83place of technical inspection of a vehicle and financing of the costs of the inspection par. 1 shall apply, excluding the requirement to have a permit from the staroste referred to inart. 83place of technical inspection of a vehicle and financing of the costs of the inspection par. 1 point 1 letter b.
2.
Technical inspections of service vehicles referred to in paragraph 1 are carried out:
1)
by authorized organizational units or vehicle inspection stations run by the services referred to in paragraph 1, excluding foreign armed forces present on the territory of the Republic of Poland;
2)
in vehicle inspection stations conducting activities referred to inArticle 83, paragraph 2,place of technical inspection of the vehicle and financing of the costs of the inspection.
3.
Organisational units or inspection stations authorised to carry out technical inspections, referred to in paragraph 2 point 1, shall have the powers of vehicle inspection stations only in relation to vehicles of the services referred to in paragraph 1.
4.
The minister responsible for internal affairs, the minister responsible for public finances and the Minister of National Defence, in consultation with the minister responsible for transport and after consulting the Head of the Internal Security Agency, the Head of the Intelligence Agency, the Commander of the State Protection Service and the Head of the Central Anticorruption Bureau, as well as the Head of the Military Counterintelligence Service and the Head of the Military Intelligence Service, taking into account the specificity resulting from the purpose of the vehicles of the services referred to in paragraph 1, shall determine, by way of a regulation:
1)
organisational units supervising organisational units and vehicle inspection stations carrying out technical inspections of vehicles and issuing authorisations to carry out technical inspections, templates of documents related to obtaining authorisations to carry out inspections and templates of authorisations to carry them out;
2)
requirements for organisational units and vehicle inspection stations authorised to carry out technical inspections of vehicles;
3)
templates of documents used for technical inspections of vehicles;
4)
conditions and deadlines for conducting technical inspections of vehicles;
5)
circumstances permitting the carrying out of technical inspections of vehicles at vehicle inspection stations conducting the activities referred to inArticle 83, paragraph 2, which are not authorized tocarry out technical inspections of service vehicles;
6)
principles and conditions of cooperation in the performance of technical inspections of vehicles by a service other than the one appropriate for the organizational unit conducting the inspection.
Article 86a.Repealed
Section 4. Road safety
Chapter 1. (Repealed)
Art. 87. Repealed
Art. 88. Repealed
Art. 89. Repealed
Art. 90. Repealed
Art. 91. Repealed
Art. 92. Repealed
Art. 93. Repealed
Art. 94. Repealed
Art. 95. Repealed
Art. 95a. Repealed
Art. 95b. Repealed
Art. 96. Repealed
Art. 97. Repealed
Art. 97a. Repealed
Art. 97b. Repealed
Art. 98. Repealed
Art. 98a. Repealed
Art. 99. Repealed
Art. 99a. Repealed
Art. 100. Repealed
Chapter 1a. Central register of drivers
Art. 100a. Central register of drivers
1.
A central register of drivers, hereinafter referred to as the "register", is created.
2.
(repealed)
3.
(repealed)
4.
The register is maintained by the minister responsible for computerization in the IT system. For the purposes of this Act, this minister is the controller of the data and information collected in the register.
5.
The minister responsible for computerization may commission, excluding the application of public procurement regulations, tasks related to the construction, development, implementation and maintenance of an IT system supporting:
1)
central register of drivers,
2)
central register of vehicles
– the creator of public documents within the meaning of the Act of 22 November 2018 on public documents (Journal of Laws of 2024, item 564) or a budgetary economy institution for which the minister responsible for computerization serves as the founding body.
Article 100aa. Data collected in the central register of drivers
1.
The register collects data on:
1)
persons who have or have had their driving licences for motor vehicles, trams or mopeds withdrawn, hereinafter referred to as "licences";
1a)
persons who have or have had their driver qualification card invalidated;
2)
persons without a driving license who, while driving a vehicle, committed an infringement specified in the provisions issued on the basis of Article 105 of the Regulation on the awarding of points and the re-education course, paragraph 1, point 1 of the Act of 5 January 2011 on vehicle drivers;
3)
persons without a driving license who have been banned from driving;
4)
persons applying for authorisations;
4a)
persons applying for a driver qualification card;
5)
lecturers conducting the training;
6)
examiners;
7)
doctors authorized to conduct medical examinations to determine the existence or absence of health contraindications to driving, including those authorized to perform medical examinations referred to in the Act of 26 June 1974 - the Labor Code (Journal of Laws of 2023, item 1465 and of 2024, item 878);
8)
psychologists authorized to perform psychological research in the field of transport psychology;
9)
driving technique instructors;
10)
instructors conducting the training;
11)
driver training centers and other training entities;
12)
psychological laboratories performing psychological research in the field of transport psychology;
13)
driving technique improvement centers;
14)
examination centers and their local branches;
15)
training centers for professional qualification certificates.
2.
The register also collects the identifier of the person or entity entering or changing data in the register.
3.
The register also contains data collected until 3 June 2018 by the authorities competent for issuing driving licences in connection with the creation of a driver candidate profile.
3a.
The register also includes data collected until the date specified in the communication referred to in Article 13 section 2 of the Act of 9 May 2018 amending the Road Traffic Act and certain other acts (Journal of Laws, item 957, as amended), by the authorities competent for issuing documents confirming the right to drive vehicles in connection with the creation of a driver candidate profile.
4.
In relation to the persons referred to in paragraph 1 points 1-3, the following data are collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
citizenship;
5)
residential address;
6)
date of death;
7)
about rights;
8)
about the trial period and its extension;
9)
about referral to a re-education course;
10)
on documents confirming entitlements;
11)
on the application of a driving ban;
12)
on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them; 12) on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them, as well as the amounts of fines imposed by way of penalty notices; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12, in the wording above, shall enter into force on the date specified in the announcement in the Journal of Laws and on the BIP website of the office supporting the minister responsible for computerization, specifying the deadline for implementing technical solutions enabling the transfer of data specified in the Act.) 12a) on the payment of fines referred to in paragraph 12; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12a, shall enter into force on the date of implementation of the appropriate technical solutions, which shall be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office supporting the minister responsible for computerization.)
13)
driving a vehicle under the influence of alcohol, alcohol or a substance with an effect similar to alcohol;
14)
on ADR certificates referred to in the regulations on the transport of dangerous goods;
15)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport;
16)
on permits to drive emergency vehicles or vehicles carrying money or other valuable or dangerous items, referred to in the Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2021, item 1995);
17)
about the instructor, lecturer, driving instructor who conducted the training, as well as about the driver training centre and other unit, driving technique improvement centre and professional qualification certificate training centre where the training was conducted;
18)
about the examiner and the provincial road traffic center who conducted the state examination;
19)
about the psychologist who performed psychological tests in the field of transport psychology and the doctor who performed medical tests to determine the existence or absence of health contraindications to driving;
20)
on decisions confirming the existence or absence of health contraindications to driving;
20a)
on decisions confirming the existence or absence of health contraindications to working as a driver;
21)
on decisions confirming the existence or absence of psychological contraindications to driving;
22)
on decisions confirming the existence or absence of psychological contraindications to working as a driver;
23)
on issued and invalidated driver qualification cards;
24)
on referrals for medical examinations confirming the existence or absence of health contraindications to driving;
25)
referrals for psychological examinations confirming the existence or absence of psychological contraindications to driving;
26)
about the obligation to complete an appropriate re-education course and its completion, as well as the obligation to undergo medical and psychological examinations and their conduct.
5.
In relation to the persons referred to in paragraph 1 points 4 and 4a, the following data are collected:
1)
identifier of the territorial division of the country;
2)
the date of creation of the candidate driver profile or professional driver profile;
3)
a unique number identifying the profile of a candidate driver and the profile of a professional driver;
4)
name and surname;
5)
date and place of birth;
6)
date of death;
7)
photography;
8)
specimen signature;
9)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
10)
citizenship;
11)
residential address;
12)
telephone number, e-mail address – if provided in the application;
13)
about the powers held;
14)
on documents confirming entitlements;
15)
indication of the driving license category the candidate driver profile applies to;
15a)
indication whether the professional driver profile applies to:
a) driving licence category within the scope of the programme block:
– C1, C1+E, C and C+E or
– D1, D1+E, D and D+E,
b) initial qualification,
c) accelerated initial qualification,
d) supplementary initial qualification,
e) supplementary accelerated initial qualification,
f) periodic training;
16)
on decisions confirming the existence or absence of health contraindications to driving vehicles and on decisions confirming the existence or absence of psychological contraindications to driving vehicles;
16a)
on decisions confirming the existence or absence of health contraindications to work as a driver and on decisions confirming the existence or absence of psychological contraindications to work as a driver;
17)
indication whether the application concerns:
a) the issue of a driving licence or a permit to drive a tram,
b) the restoration of a withdrawn driving licence,
c) the exchange of a driving licence issued abroad not specified in the road traffic conventions,
d) the return of a suspended driving licence,
e) referral for a qualification check,
f) the issue of a driver qualification card;
18)
regarding the validity of the driving ban;
19)
regarding the validity of decisions on the withdrawal of the right to drive or the suspension of a driving license;
20)
regarding the commencement of pre-qualification training;
20a)
regarding the qualification course, periodic training and periodic training modules referred to in the Act of 6 September 2001 on road transport;
21)
regarding completed training for persons applying for driving licenses – if information about completed training appears in the driver’s documents;
22)
regarding the consents referred to in Article 11 , Conditions for issuing a driving licence and military permit , paragraph 2, and Article 21, Conditions for starting training for applicants for driving licences, paragraph 2 of the Act of 5 January 2011 on vehicle drivers – if required;
23)
about state examinations;
24)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport.
6.
With respect to the persons referred to in paragraph 1 points 5–10, the following data are collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
the registration number of the lecturer, examiner, doctor, psychologist, driving instructor or instructor, as appropriate;
5)
regarding authorizations and documents confirming them;
6)
date and reason for removal from the register;
7)
date until which no further entry in the register can be made.
7.
With respect to the entities referred to in paragraph 1 points 11–13, the following data are collected:
1)
name;
2)
registration number or registry number;
3)
REGON identification number;
4)
regarding the business activity covered by the entry;
5)
about entries and deletions.
7a.
With respect to the entity referred to in paragraph 1 point 14, the following data are collected:
1)
name;
2)
address of the registered office or local branch;
3)
REGON identification number;
4)
identification number;
5)
regarding the business activity covered by the entry.
7b.
With respect to the entities referred to in paragraph 1 point 15, the following data are collected:
1)
name;
2)
registration number or registry number;
3)
Tax Identification Number (NIP) and National Business Registry Number (REGON), if available;
4)
regarding the business activity covered by the entry;
5)
about entries and deletions.
8.
The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7–12 and 14–26, par. 5 points 13, 14, 16, 16a and 18–24, par. 6 point 5, par. 7 points 4 and 5, par. 7a point 5 and par. 7b points 4 and 5, provided by the entities referred to in art. 100ac transferring and entering data into the register of drivers par. 1, and supplemented automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected in it. 8. The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7–12a and 14–26, par. 5 points 13, 14, 16, 16a and 18–24, par. 6 point 5, par. 7 points 4 and 5, par. 7a point 5 and par. 7b points 4 and 5, provided by the entities referred to in Art. 100ac par. 1, and supplemented automatically by the IT system servicing the register , taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected therein. ( Article 100aa data collected in the central register of drivers, paragraph 8 in the wording above, comes into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
On the date specified in the announcement of the minister responsible for computerization published in the MP, specifying the date of implementation of technical solutions enabling the automatic return of a suspended driving license or a permit to drive a tram, referred to in Article 102 , repealed paragraph 2b of the Act on vehicle drivers - Article 100aa data collected in the central register of drivers will read as follows (Journal of Laws of 2023, item 1123 - Article 18 obligations of a driver approaching a bus stop ):
1.
The register collects data on:
1)
persons who have or have had their driving licences for motor vehicles, trams or mopeds withdrawn, hereinafter referred to as "licences";
1a)
persons who have or have had their driver qualification card invalidated;
2)
persons without a driving license who, while driving a vehicle, committed an infringement specified in the provisions issued on the basis of Article 105 of the Regulation on the awarding of points and the re-education course, paragraph 1, point 1 of the Act of 5 January 2011 on vehicle drivers;
3)
persons without a driving license who have been banned from driving;
4)
persons applying for authorisations;
4a)
persons applying for a driver qualification card;
5)
lecturers conducting the training;
6)
examiners;
7)
doctors authorized to conduct medical examinations to determine the existence or absence of health contraindications to driving, including those authorized to perform medical examinations referred to in the Act of 26 June 1974 - the Labor Code (Journal of Laws of 2022, items 1510, 1700 and 2140 and of 2023, items 240 and 641);
8)
psychologists authorized to perform psychological research in the field of transport psychology;
9)
driving technique instructors;
10)
instructors conducting the training;
11)
driver training centers and other training entities;
12)
psychological laboratories performing psychological research in the field of transport psychology;
13)
driving technique improvement centers;
14)
examination centers and their local branches;
15)
training centers for professional qualification certificates.
2.
The register also collects the identifier of the person or entity entering or changing data in the register.
3.
The register also contains data collected until 3 June 2018 by the authorities competent for issuing driving licences in connection with the creation of a driver candidate profile.
3a.
The register also includes data collected until the date specified in the communication referred to in Article 13 section 2 of the Act of 9 May 2018 amending the Road Traffic Law and certain other acts (Journal of Laws, item 957, of 2019, item 730, of 2020, item 1517, of 2021, items 1997 and 2328 and of 2022, item 1002), by the authorities competent for issuing documents confirming the right to drive vehicles in connection with the creation of a driver candidate profile.
4.
In relation to the persons referred to in paragraph 1 points 1-3, the following data are collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
citizenship;
5)
residential address;
6)
date of death;
7)
about rights;
8)
about the trial period and its extension;
9)
about referral to a re-education course;
10)
on documents confirming entitlements;
11)
on the application of a driving ban;
12)
on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them; 12) on petty offences or crimes constituting infringements of road traffic regulations and the points assigned to them, as well as the amounts of fines imposed by way of penalty notices; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12, in the wording above, shall enter into force on the date specified in the announcement in the Journal of Laws and on the BIP website of the office supporting the minister responsible for computerization, specifying the deadline for implementing technical solutions enabling the transfer of data specified in the Act.) 12a) on the payment of fines referred to in paragraph 12; ( Art. 100aa data collected in the central register of drivers , paragraph 4, point 12a, shall enter into force on the date of implementation of the appropriate technical solutions, which shall be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office supporting the minister responsible for computerization.)
13)
driving a vehicle under the influence of alcohol, alcohol or a substance with an effect similar to alcohol;
14)
on ADR certificates referred to in the regulations on the transport of dangerous goods;
15)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport;
16)
on permits to drive emergency vehicles or vehicles carrying money or other valuable or dangerous items, referred to in the Act of 22 August 1997 on the protection of persons and property (Journal of Laws of 2021, item 1995);
17)
about the instructor, lecturer, driving instructor who conducted the training, as well as about the driver training centre and other unit, driving technique improvement centre and professional qualification certificate training centre where the training was conducted;
18)
about the examiner and the provincial road traffic center who conducted the state examination;
19)
about the psychologist who performed psychological tests in the field of transport psychology and the doctor who performed medical tests to determine the existence or absence of health contraindications to driving;
20)
on decisions confirming the existence or absence of health contraindications to driving;
20a)
on decisions confirming the existence or absence of health contraindications to working as a driver;
21)
on decisions confirming the existence or absence of psychological contraindications to driving;
22)
on decisions confirming the existence or absence of psychological contraindications to working as a driver;
23)
on issued and invalidated driver qualification cards;
24)
on referrals for medical examinations confirming the existence or absence of health contraindications to driving;
25)
referrals for psychological examinations confirming the existence or absence of psychological contraindications to driving;
26)
about the obligation to complete an appropriate re-education course and its completion, as well as the obligation to undergo medical and psychological examinations and their conduct.
5.
In relation to the persons referred to in paragraph 1 points 4 and 4a, the following data are collected:
1)
identifier of the territorial division of the country;
2)
the date of creation of the candidate driver profile or professional driver profile;
3)
a unique number identifying the profile of a candidate driver and the profile of a professional driver;
4)
name and surname;
5)
date and place of birth;
6)
date of death;
7)
photography;
8)
specimen signature;
9)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
10)
citizenship;
11)
residential address;
12)
telephone number, e-mail address – if provided in the application;
13)
about the powers held;
14)
on documents confirming entitlements;
15)
indication of the driving license category the candidate driver profile applies to;
15a)
indication whether the professional driver profile applies to:
a) driving licence category within the scope of the programme block:
– C1, C1+E, C and C+E or
– D1, D1+E, D and D+E,
b) initial qualification,
c) accelerated initial qualification,
d) supplementary initial qualification,
e) supplementary accelerated initial qualification,
f) periodic training;
16)
on decisions confirming the existence or absence of health contraindications to driving vehicles and on decisions confirming the existence or absence of psychological contraindications to driving vehicles;
16a)
on decisions confirming the existence or absence of health contraindications to work as a driver and on decisions confirming the existence or absence of psychological contraindications to work as a driver;
17)
indication whether the application concerns:
a) the issue of a driving licence or a permit to drive a tram,
b) the restoration of a withdrawn driving licence,
c) the exchange of a driving licence issued abroad not specified in the road traffic conventions,
d) the return of a suspended driving licence,
e) referral for a qualification check,
f) the issue of a driver qualification card;
18)
regarding the validity of the driving ban;
19)
regarding the validity of decisions on the withdrawal of the right to drive or the suspension of a driving license;
20)
regarding the commencement of pre-qualification training;
20a)
regarding the qualification course, periodic training and periodic training modules referred to in the Act of 6 September 2001 on road transport;
21)
regarding completed training for persons applying for driving licenses – if information about completed training appears in the driver’s documents;
22)
regarding the consents referred to in Article 11 , Conditions for issuing a driving licence and military permit , paragraph 2, and Article 21, Conditions for starting training for applicants for driving licences, paragraph 2 of the Act of 5 January 2011 on vehicle drivers – if required;
23)
about state examinations;
24)
on issued and withdrawn professional qualification certificates confirming the acquisition of appropriate qualifications or the completion of periodic training and on certificates confirming the completion of periodic training modules referred to in the Act of 6 September 2001 on road transport.
6.
In relation to the persons referred to in paragraph 1 point 5, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
the specific types of qualifications resulting from the scope of the exam passed by the lecturer, within which he or she can conduct training, and the dates on which they were obtained;
7)
the registration number of the driver training centre or the registration number of another entity where training is conducted;
8)
date of issue of the certificate of entry in the register;
9)
about entries and deletions.
6a.
In relation to the persons referred to in paragraph 1 point 6, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the identity document and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
about the qualifications to conduct examinations and the documents confirming them;
7)
name and address of the provincial road traffic centre where he is employed;
8)
about entries and deletions.
6b.
In relation to the persons referred to in paragraph 1 point 7, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
professional license number;
7)
address of the organizational unit where the research is carried out;
8)
on having the right to perform medical examinations referred to in the Act of 26 June 1974 - the Labor Code;
9)
on the power to adjudicate;
10)
about entries and deletions.
6c.
In relation to the persons referred to in paragraph 1 point 8, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
designation of the psychological laboratory where the tests are performed;
7)
date of issue of the certificate of entry in the register;
8)
on the power to adjudicate;
9)
about entries and deletions.
6d.
In relation to the persons referred to in paragraph 1 point 9, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
validity dates of medical and psychological examinations;
7)
about training entitlements and documents confirming them;
8)
designation of the driving technique improvement center where the training is conducted;
9)
date of issue of the certificate of entry in the register;
10)
about entries and deletions.
6e.
In relation to the persons referred to in paragraph 1 point 10, the following data is collected:
1)
name and surname;
2)
date and place of birth;
3)
PESEL number, and in the case of a person without a PESEL number – the series, number and name of the document confirming identity and the name of the country that issued the document;
4)
registration number;
5)
residential address;
6)
about training entitlements and documents confirming them;
7)
the registration number of the driver training centre or the registration number of another entity where the training is conducted;
8)
about entries and deletions.
7.
With respect to the entities referred to in paragraph 1 point 11, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
registration number of the entity providing the training;
6)
the specific types of authorizations in which the entity may provide training, and the dates on which they were obtained;
7)
addresses of office spaces, lecture halls and maneuvering areas along with dates specifying the period for which the entity has legal title to these facilities;
8)
names, surnames and registration numbers of instructors and lecturers conducting training for the entity;
9)
on entries and deletions.
7 1. With respect to entities referred to in paragraph 1 point 12, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
name and address of the psychological laboratory;
6)
name and surname of the psychologist authorized to perform psychological tests in the field of transport psychology, along with his/her registration number;
7)
the entrepreneur's registration number in the register of entrepreneurs running a psychological workshop;
8)
registration number of the psychological laboratory;
9)
on entries and deletions.
7 2. With respect to entities referred to in paragraph 1 point 13, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
address of the driving technique improvement center;
6)
the scope of the training
provided, referred to in Article 112, paragraph 1, point 1 or 2 of the Act of 5 January 2011 on vehicle drivers;
7)
names and surnames of driving instructors and their registration numbers;
8)
registration number;
9)
about entries and deletions.
7a.
With respect to the entity referred to in paragraph 1 point 14, the following data are collected:
1)
name;
2)
address of the registered office or local branch;
3)
REGON identification number;
4)
identification number;
5)
regarding the business activity covered by the entry.
7b.
With respect to the entities referred to in paragraph 1 point 15, the following data are collected:
1)
the entrepreneur's name and address and registered office or place of residence;
2)
number in the register of entrepreneurs in the National Court Register – if available;
3)
Tax Identification Number (NIP) – if available;
4)
identification number (REGON) – if available;
5)
indication of the location of the training center;
6)
registration number;
7)
about entries and deletions.
8.
The minister responsible for computerization shall specify, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7-12 and 14-26, par. 5 points 13, 14, 16, 16a and 18-24, par. 7 point 9, par. 7 1 point 9, par. 7 2 point 9, par. 7a point 5 and par. 7b point 7, provided by the entities referred to in art. 100ac transferring and entering data into the register of drivers par. 1, and supplemented automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected in it. 8. The minister responsible for computerization shall determine, by way of a regulation, a detailed catalogue of data collected in the register, referred to in par. 4 points 7–12a and 14–26, par. 5 points 13, 14, 16, 16a and 18–24, par. 6 point 5, par. 7 points 4 and 5, par. 7a point 5 and par. 7b points 4 and 5, provided by entities referred to in art. 100ac transferring and entering data into the register of drivers par. 1, and completed automatically by the IT system servicing the register, taking into account the usefulness and proportionality of the scope and type of data processed, as well as the need to ensure the proper functioning of the register and the security of the data collected therein. ( Article 100aa data collected in the central register of drivers, paragraph 8 in the wording above, comes into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
Art. 100ab. Data deleted from the driver register
1.
Data collected in the register shall not be deleted, with the exception of the data referred to in:
1)
Art. 100aa data collected in the Central Register of Drivers , paragraph 4 point 11 and paragraph 5 point 18, which are subject to removal from the register:
a) if data on a driving ban are subject to removal from the National Criminal Register,
b) after 5 years from the date on which the ruling on the application of a driving ban becomes final, if data on this ban are not subject to collection in the National Criminal Register;
2)
art. 100aa data collected in the central register of drivers, sec. 4, points 12-13, which are subject to removal from the register under the principles specified in art. 98 points for violating road traffic regulations, sec. 5 and 6 of the Act of 5 January 2011 on vehicle drivers.
1a.
In the case referred to in paragraph 1 point 1 letter b, the data referred to in Article 100aa data collected in the central register of drivers paragraph 4 point 11 and paragraph 5 point 18 shall be deleted automatically.
2.
(repealed)
Art. 100ac. Transferring and entering data into the driver register
1.
The data referred to in Article 100aa, paragraphs 2–7b, collected in the central register of drivers , shall be transferred to the register by:
1)
the authority competent for issuing documents confirming the right to drive vehicles in the scope of data referred to in Article 100aa data collected in the central register of drivers paragraph 4 points 1-5, points 7-10 and points 23-26 and paragraph 5 points 1-5, points 7-15a, points 17, 19, 21 and 22;
2)
the court, immediately after the judgment becomes final – in the scope of data referred to in Article 100aa , data collected in the central register of drivers , paragraph 4, points 11 and 13 and paragraph 5, point 18;
3)
in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to in art. 100aa, data collected in the central register of drivers, par. 4, point 12; 3) in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to in art. 100aa, data collected in the central register of drivers , par. 4, points 12 and 12a; ( art. 100ac , transferring and entering data into the register of drivers, par. 3 in the wording above, enters into force on the date of implementation of the appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.) 3a) the competent head of the tax office and the Chief Inspector of Road Transport – within the scope of the data referred to in art. 100aa data collected in the central register of drivers , paragraph 4, point 12a; ( Art. 100ac transferring and entering data into the register of drivers, paragraph 3a, enters into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
4)
in accordance with their competences: road traffic control authorities, prosecutor or court – in the scope of data referred to in Article 100aa data collected in the central register of drivers, paragraph 4, point 10;
5)
the voivodeship marshal or the Head of the Inspectorate for Armed Forces Support – in the scope of data referred to
in Article 100aa , data collected in the central register of drivers, paragraph 4, point 14;
6)
the voivode and the director of the district examination board – in the scope of data referred to in Article 100aa data collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, point 24;
7)
the head of the training centre for obtaining professional qualifications, referred to in Art. 39e of the professional qualification certificate after periodic training of the Act of 6 September 2001 on road transport – in the scope of data referred to in Art. 100aa data collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, points 20, 20a and 24;
8)
starosta – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers par. 4 points 16–19 and 21 and par. 6 in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 5 and 10,
b) Art. 100aa data collected in the Central Register of Drivers par. 7 in relation to entities referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 11;
9)
voivode – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers par. 4 point 17 in the scope of data on the driving instructor and the driving improvement centre and in par. 6 in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 9,
b) Art. 100aa data collected in the Central Register of Drivers par. 7 in relation to entities referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 13,
c) Art. 100aa data collected in the Central Register of Drivers par. 7b in relation to entities referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 15;
10)
voivodeship marshal – in the scope of data referred to in:
a) Article 100aa data collected in the Central Register of Drivers par. 6 in relation to persons referred to in Article 100aa data collected in the Central Register of Drivers par. 1 points 6–8,
b) Article 100aa data collected in the Central Register of Drivers par. 7 in relation to entities referred to in Article 100aa data collected in the Central Register of Drivers par. 1 point 12,
c) Article 100aa data collected in the Central Register of Drivers par. 7a in relation to entities referred to in Article 100aa data collected in the Central Register of Drivers par. 1 point 14;
11)
Information Office of the National Criminal Register – in the scope of deleting data on driving bans referred to in Article 100aa data collected in the central register of drivers, paragraph 4, point 11 and paragraph 5, point 18, from the National Criminal Register;
12)
head of the driver training centre – in the scope of data referred to in Article 100aa , data collected in the central register of drivers, paragraph 5, point 21;
13)
the director of the provincial road traffic centre – in the scope of data referred to in:
a) Article 100aa data collected in the Central Register of Drivers , paragraph 4 point 15 – in relation to persons referred to in Article 100aa data collected in the Central Register of Drivers , paragraph 1 points 1–3,
b) Article 100aa data collected in the Central Register of Drivers , paragraph 5 points 23 and 24 – in relation to persons referred to in Article 100aa data collected in the Central Register of Drivers , paragraph 1 points 4 and 4a;
14)
an authorized physician referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 7 – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers par. 4 points 20 and 20a – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 1–3,
b) Art. 100aa data collected in the Central Register of Drivers par. 5 points 16 and 16a with regard to medical certificates – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 4 and 4a;
15)
an authorized psychologist referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 8 – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers par. 4 points 21 and 22 – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 1–3,
b) Art. 100aa data collected in the Central Register of Drivers par. 5 points 16 and 16a with regard to psychological decisions – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 4 and 4a.
2.
The data referred to in Article 100aa , data collected in the central register of drivers, paragraph 2 and paragraph 7a, point 4, are supplemented automatically by the IT system handling the register.
2a.
The data referred to in Art. 100aa data collected in the Central Register of Drivers par. 4 points 7–12 and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 5, par. 7 points 4 and 5 and par. 7a point 5, may additionally contain data supplemented automatically by the IT system servicing the records. 2a. The data referred to in Art. 100aa data collected in the Central Register of Drivers par. 4 points 7–12 and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 5, par. 7 points 4 and 5 and par. 7a point 5, may additionally contain data supplemented automatically by the IT system servicing the records. ( Article 100ac , transfer and entry of data into the register of drivers, paragraph 1b, in the wording above, comes into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
3.
The entities listed in paragraph 1 enter data into the register when performing an activity that requires the data to be transferred into the register, using the IT system that supports the register or using IT systems that support the tasks performed by these entities.
4.
The data collected in the register are transferred to it from the PESEL, REGON, TERYT registers, the central vehicle register and the central register of parking card holders, provided they are collected in these registers.
5.
The minister responsible for computerization may specify, by regulation, the procedure and deadlines for transferring data between the register and the PESEL, REGON and TERYT registers, the central register of vehicles and the central register of parking card holders, taking into account the need to ensure smooth data flow between the register and other registers and records, the correctness and timeliness of collected data, and the need to ensure personal data protection.
[By the deadline specified in the announcement of the minister responsible for computerization published in the MP, specifying the date of implementation of technical solutions enabling the automatic return of a suspended driving license or tram driving permit referred to in art. 102, repealed paragraph 2b of the Act on vehicle drivers – art. 100ac , the transfer and entry of data into the register of drivers will read as follows (Journal of Laws of 2023, item 1123 - art. 18 obligations of a driver approaching a bus stop ):
1.
The data referred to in Article 100aa, paragraphs 2–7b, collected in the central register of drivers , shall be transferred to the register by:
1)
the authority competent for issuing documents confirming the right to drive vehicles in the scope of data referred to in Article 100aa data collected in the central register of drivers paragraph 4 points 1-5, points 7-10 and points 23-26 and paragraph 5 points 1-5, points 7-15a, points 17, 19, 21 and 22;
2)
the court, immediately after the judgment becomes final – in the scope of data referred to in Article 100aa , data collected in the central register of drivers , paragraph 4, points 11 and 13 and paragraph 5, point 18;
3)
in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to in art. 100aa, data collected in the central register of drivers, par. 4, point 12; 3) in accordance with their competences: road traffic control authorities, prosecutor, court or body adjudicating in cases of infringements in disciplinary proceedings – within the scope of the data referred to in art. 100aa, data collected in the central register of drivers , par. 4, points 12 and 12a; ( art. 100ac , transferring and entering data into the register of drivers, par. 3 in the wording above, enters into force on the date of implementation of the appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.) 3a) the competent head of the tax office and the Chief Inspector of Road Transport – within the scope of the data referred to in art. 100aa data collected in the central register of drivers , paragraph 4, point 12a; ( Art. 100ac transferring and entering data into the register of drivers, paragraph 3a, enters into force on the date of implementation of appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
4)
in accordance with their competences: road traffic control authorities, prosecutor or court – in the scope of data referred to in Article 100aa data collected in the central register of drivers, paragraph 4, point 10;
5)
the voivodeship marshal or the Head of the Inspectorate for Armed Forces Support – in the scope of data referred to
in Article 100aa , data collected in the central register of drivers, paragraph 4, point 14;
6)
the voivode and the director of the district examination board – in the scope of data referred to in Article 100aa data collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, point 24;
7)
the head of the training centre for obtaining professional qualifications, referred to in Art. 39e of the professional qualification certificate after periodic training of the Act of 6 September 2001 on road transport – in the scope of data referred to in Art. 100aa data collected in the central register of drivers , paragraph 4, point 15 and paragraph 5, points 20, 20a and 24;
8)
starosta – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers , paragraph 4, points 16–19 and 21 and paragraphs 6 and 6e,
b) Art. 100aa data collected in the Central Register of Drivers, paragraph 7;
9)
voivode – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers, par. 4, point 17, in the scope of data on the driving instructor and the driving improvement centre, and in par. 6d,
b) Art. 100aa data collected in the Central Register of Drivers , par. 7 2 and par. 7b;
10)
voivodeship marshal – in the scope of data referred to in:
a) Art. 100aa data collected in the central register of drivers , sec. 6a-6c,
b) Art. 100aa data collected in the central register of drivers , sec. 7 1 and sec. 7a;
11)
Information Office of the National Criminal Register – in the scope of deleting data on driving bans referred to in Article 100aa data collected in the central register of drivers, paragraph 4, point 11 and paragraph 5, point 18, from the National Criminal Register;
12)
head of the driver training centre – in the scope of data referred to in Article 100aa , data collected in the central register of drivers, paragraph 5, point 21;
13)
the director of the provincial road traffic centre – in the scope of data referred to in:
a) Article 100aa data collected in the Central Register of Drivers , paragraph 4 point 15 – in relation to persons referred to in Article 100aa data collected in the Central Register of Drivers , paragraph 1 points 1–3,
b) Article 100aa data collected in the Central Register of Drivers , paragraph 5 points 23 and 24 – in relation to persons referred to in Article 100aa data collected in the Central Register of Drivers , paragraph 1 points 4 and 4a;
14)
an authorized physician referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 7 – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers par. 4 points 20 and 20a – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 1–3,
b) Art. 100aa data collected in the Central Register of Drivers par. 5 points 16 and 16a with regard to medical certificates – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 4 and 4a;
15)
an authorized psychologist referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 point 8 – in the scope of data referred to in:
a) Art. 100aa data collected in the Central Register of Drivers par. 4 points 21 and 22 – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 1–3,
b) Art. 100aa data collected in the Central Register of Drivers par. 5 points 16 and 16a with regard to psychological decisions – in relation to persons referred to in Art. 100aa data collected in the Central Register of Drivers par. 1 points 4 and 4a.
2.
The data referred to in Article 100aa , data collected in the central register of drivers, paragraph 2 and paragraph 7a, point 4, are supplemented automatically by the IT system handling the register.
2a.
The data referred to in Art. 100aa data collected in the Central Register of Drivers par. 4 points 7–12a and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 9, par. 6a points 6 and 8, par. 6b points 9 and 10, par. 6c points 8 and 9, par. 6d points 7 and 10, par. 6e points 6 and 8, par. 7 point 8, par. 7 1 point 9, par. 7 2 point 9, par. 7a point 5 and par. 7b point 7, may additionally contain data completed automatically by the IT system servicing the register. 2a. The data referred to in Art. 100aa data collected in the Central Register of Drivers par. 4 points 7–12 and 14–22, par. 5 points 13, 14, 16 and 18–24, par. 6 point 5, par. 7 points 4 and 5 and par. 7a point 5, may additionally contain data completed automatically by the IT system handling the register. ( Art. 100ac , transferring and entering data into the driver register, par. 1b in the wording above, enters into force on the date of implementation of the appropriate technical solutions, which will be specified in the published Journal of Laws of the Republic of Poland and on the website of the Public Information Bulletin of the office serving the minister responsible for computerization.)
3.
The entities listed in paragraph 1 enter data into the register when performing an activity that requires the data to be transferred into the register, using the IT system that supports the register or using IT systems that support the tasks performed by these entities.
3a.
The entities referred to in paragraph 1 points 14 and 15 enter data into the register via the Electronic Platform for Collection, Analysis and Sharing of Digital Resources on Medical Events, referred to in art. 7 Electronic Platform for Collection, Analysis and Sharing of Digital Resources on Medical Events of the Act of 28 April 2011 on the health care information system (Journal of Laws of 2022, item 1555, 2280 and 2705 and of 2023, item 650).
4.
The data collected in the register are transferred to it from the PESEL, REGON, TERYT registers, the central vehicle register and the central register of parking card holders, provided they are collected in these registers.
5.
The minister responsible for computerization may determine, by way of a regulation, the procedure and deadlines for transferring data between the register and the PESEL, REGON and TERYT registers, the central register of vehicles and the central register of parking card holders, taking into account the need to ensure the smooth flow of data between the register and other registers and records, the correctness and timeliness of the collected data and the need to ensure the protection of personal data.
Art. 100ad. Access to data collected in the driver register
1.
In order to enable the entry of data into the register, the entities mentioned in Article 100ac paragraph 1 shall be provided with access to the data collected in the register.
2.
Data is entered into the register by downloading the data collected in the register, verifying it, particularly based on available documents or data, and entering new data into the register. In the event of discrepancies between the data and the data contained in the PESEL or REGON registers, the data collected in these registers shall prevail.
2a.
If data relating to a new entity is entered into the register, such data is taken from the PESEL register, REGON register, central vehicle register and central register of parking card holders, if collected there.
3.
The IT system handling the records generates a message about:
1)
entering data into the register – in the case of correct entry of new data into the register, which is equivalent to fulfilling the obligation to enter data into the register;
2)
failure to enter data into the register – in the event that new data has not been entered into the register and it is necessary to re-enter it in order to fulfil the obligation to enter data into the register.
4.
The minister responsible for computerization will determine, by way of regulation:
1)
the scope of data to which access is provided to the entities listed in Article 100ac, paragraph 1, transferring and entering data into the driver register , taking into account the correct performance by individual entities of the tasks arising from this Act;
2)
technical and quality requirements for data entered into the register and the procedure and method of entering them, with a view to ensuring high quality of the data transferred to the register and its reference nature.
Art. 100ae. Extension of the deadline for entering data into the driver register
If it is impossible to enter data into the register due to reasons beyond the entity's control, the data shall be entered immediately, no later than within 3 business days from the date on which the obligation to enter the data arose.
Art. 100af. Removal of discrepancies in driver records
1.
An entity that finds an inconsistency in the data collected in the register shall explain this inconsistency in the scope of the data which it is obliged to provide under the Act, and shall enter the data into the register in accordance with the principles specified in Article 100ad access to data collected in the driver register .
2.
If it is not possible to clarify the inconsistency, the entity referred to in paragraph 1 shall immediately notify the controller of the data and information collected in the register of the inconsistency, using the IT system supporting the register or using the IT system supporting the tasks performed by that entity.
3.
In order to clarify the discrepancy, the controller of the data and information collected in the register shall immediately notify, via the IT system supporting the register, the entity that entered the data to which the discrepancy relates, of the discrepancy in the event of:
1)
the controller's finding of inconsistency between the data and information collected in the records;
2)
referred to in paragraph 2.
4.
The entity referred to in paragraphs 1 and 3 shall explain this inconsistency, in particular based on the documents or data in its possession.
5.
The entity referred to in paragraphs 1 and 3 shall immediately inform, via the IT system supporting the records or via the IT system supporting the tasks performed by this entity, the controller of the data and information collected in the records about the clarification of this inconsistency, in the case of:
1)
entering correct data into the register using an IT system that supports the register or using an IT system that supports tasks performed by the entity entering the data;
2)
confirming that the data entered into the records is correct;
3)
stating that it is impossible to remove the non-compliance, with justification provided.
6.
Entering data into the register in relation to which an inconsistency has been found, as referred to in paragraph 2, requires prior clarification of this inconsistency.
7.
The administrator of data and information collected in the register will enable the entry of data into the register without prior clarification of inconsistencies, if this is necessary to carry out tasks resulting from separate provisions carried out by entities obliged to enter data into the register within the deadlines resulting from statutory provisions.
8.
The minister responsible for computerization will determine, by way of a regulation, the method and procedure for clarifying inconsistencies in data collected in the central register of drivers by entities that provide them, taking into account the need to ensure the completeness and correctness of data in the register, ensuring timely handling of administrative processes related to the register and their security.
9.
The provisions of paragraphs 1–8 shall not apply to the removal of data relating to driving bans from the register.
Article 100ag. Repealed
Art. 100ah. Entities authorized to access data in the driver register
1.
The data collected in the register are made available, provided they are necessary for the performance of their statutory tasks, to the following entities:
1)
Police;
2)
Road Transport Inspection;
3)
Military Police;
4)
Head of the Inspectorate for Support of the Armed Forces;
5)
Border Guard;
6)
Internal Security Agency and Intelligence Agency;
7)
Central Anticorruption Bureau;
8)
Military Counterintelligence Service and Military Intelligence Service;
9)
Commander of the State Protection Service;
9a)
Internal Inspectorate of the Prison Service;
10)
courts;
11)
prosecutor's office;
12)
starosts;
13)
municipal (city) guards;
13a)
Environmental Protection Inspection bodies;
14)
Head of the National Criminal Information Centre;
15)
bodies of the National Tax Administration;
16)
heads of military recruitment centers;
17)
the card issuing entity referred to in the Act of 29 July 2005 on the digital tachograph system (Journal of Laws of 2017, item 891 and of 2018, items 650 and 1480);
18)
the minister responsible for transport in order to enable authorities and services authorized to use the TACHOnet system to exchange data with authorities and authorized services in other countries where the digital tachograph system operates;
19)
voivodeship marshal;
20)
provincial road traffic centre;
21)
insurance companies: a) to the extent necessary to exercise
the powers referred to in Art. 43 of the Act of 22 May 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau,
b) within the scope of data referred to in Art. 100aa, data collected in the central register of drivers, par. 4, item 7, c) within the scope of data referred to in Art. 100aa , data collected in the central register of drivers, par. 4, items 12, 12a or 13, for the assessment of insurance risk and the determination of the amount of the insurance premium in connection with activities aimed at concluding an insurance contract referred to in Section II, groups 3 and 10 of the annex to the Act of 11 September 2015 on insurance and reinsurance activities; ( Article 100ah entities authorized to access data in the driver register, paragraph 1, point 21, letter c, comes into force on the date of implementation of appropriate technical solutions enabling the transfer of information from the central driver register to the staroste, which will be specified by the minister responsible for computerization in the minister's official journal and on the BIP website.)
22)
Insurance Guarantee Fund;
23)
the minister responsible for family affairs;
24)
the minister responsible for social security;
25)
the competent authority of the debtor, referred to in Article 2, catalogue of statutory terms, point 9 of the Act of 7 September 2007 on assistance to persons entitled to alimony (Journal of Laws of 2023, items 581 and 658);
26)
voivode.
1a.
The data collected in the register are also made available to the minister responsible for internal affairs, for the purpose of carrying out his statutory tasks, using data teletransmission devices, without the need to submit a written request.
2.
Data collected in the register may be made available to courts via the IT system administered by the Minister of Justice.
2a.
Data collected in the register may be made available to insurance companies via the IT system servicing the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund, and the Polish Motor Insurers' Bureau. 2a. Data collected in the register shall be made available to insurance companies via the IT system servicing the Insurance Guarantee Fund, referred to in the Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund, and the Polish Motor Insurers' Bureau. ( Article 100ah entities authorized to access data in the driver register , paragraph 2a in the wording above, enters into force on the date of implementation of appropriate technical solutions enabling the transfer of information from the central driver register to the staroste, which will be specified by the minister responsible for computerization in the minister's official journal and on the BIP website.)
3.
The entities referred to in paragraph 1 are provided with access to the data collected in the register in electronic form using electronic means of communication, in accordance with the principles set out in the Act of 17 February 2005 on the Computerization of the Activities of Entities Performing Public Tasks. Data may be provided in another form only if electronic access is not possible.
4.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response may consist of a printout from the IT system managing the register. This printout does not require a signature or stamp.
5.
The minister responsible for computerization may consent, by way of a decision, to making the data collected in the register available to the entities referred to in paragraph 1, or their organizational units, via data teletransmission devices, without the need to submit a written request, if they meet all of the following conditions:
1)
have devices that enable the system to record who obtained the data, when, for what purpose and for what purpose;
2)
have technical and organizational security measures in place to prevent the data from being used for purposes other than those for which they were obtained;
3)
it is justified by the specificity or scope of the tasks performed or the activities conducted.
6.
The decision referred to in paragraph 5 shall not be issued in the case referred to in paragraph 1a.
Article 100ai. Sharing data from driver registers with foreign entities
1.
Data collected in the register may be shared with foreign entities to fulfill the provisions of international agreements ratified by the Republic of Poland, as well as to implement legal acts enacted by an international organization of which the Republic of Poland is a member. The procedures and manner of data sharing are specified in international agreements ratified by the Republic of Poland, legal acts enacted by an international organization of which the Republic of Poland is a member, or agreements concluded between the relevant ministers of European Union member states.
2.
(repealed)
Art. 100aj. Conditions for providing data from the vehicle register
1.
Each interested party, after providing the data specified in the regulations issued pursuant to paragraph 3, shall have the data collected in the register made available in electronic form using an IT system.
2.
Personal data collected in the register may be made available after authentication of the interested party under the terms specified in Article 20a , paragraph 1 of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
3.
The minister responsible for computerization will determine, by way of regulation:
1)
data required to access individual data,
2)
detailed scope of data shared
– taking into account the need to ensure data security.
Art. 100ak. Disclosure of data from the driver register to the person to whom it relates
1.
The data collected in the register is also made available to the person to whom it pertains.
2.
Data collected in the register is made available upon request, submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response constitutes a printout from the IT system managing the register. This printout does not require a signature or stamp.
Art. 100al. Sharing data from driver records with other entities
1.
The minister responsible for computerization may make the data collected in the register available to entities other than those mentioned in Articles 100ag–100ak, including natural persons, legal persons or organizational units without legal personality, if they demonstrate their legal interest.
2.
The entities referred to in paragraph 1 are provided with access to the data collected in the register upon a justified request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature, or a personal signature. The paper response constitutes a printout from the IT system managing the register. This printout does not require a signature or stamp.
Article 100am. Transfer of data from driver registers for reuse
1.
The data collected in the register are transferred for re-use in a way that excludes the possibility of identifying individuals, in accordance with the provisions of the Act of 11 August 2021 on open data and re-use of public sector information, unless the provisions of the Act provide otherwise.
2.
Data collected in the register are transferred for reuse upon request submitted in paper form or in electronic form with a qualified electronic signature, a trusted signature or a personal signature.
3.
Data collected in the register may also be made available for reuse via network services.
Art. 100an. Regulation on the application for disclosure of data from the driver register
1.
The minister responsible for computerization will specify, by way of a regulation, the form of the application referred to in Article 100ah entities authorized to access data in the driver register, paragraph 4, Article 100ak disclosure of data from the driver register to the person to whom it relates, paragraph 2, Article 100al disclosure of data from the driver register to other entities, paragraph 2, and Article 100am transfer of data from the driver register for reuse, paragraph 2, guided by the needs to improve the process of sharing and transferring data from the register.
2.
The minister responsible for computerization will determine, by way of a regulation, the type and scope of data made available pursuant to Article 100ah, entities authorized to access data in the driver register and Articles 100ak–100am, taking into account the need to ensure the security of data processed in the register and their protection against unauthorized disclosure and access.
Art. 100ao. Fee for providing data from the driver register
The data collected in the records are made available and transferred:
1)
free of charge, in the case of data:
a) made available pursuant to Articles 100ah–100ak,
b) transferred pursuant to Article 100am transfer of data from the driver register for re-use in the manner specified in Article 100am transfer of data from the driver register for re-use par. 2 to public administration bodies not listed in Article 100ah entities authorised to access data in the driver register par. 1, for non-commercial purposes,
c) made available pursuant to Article 100am transfer of data from the driver register for re-use in the manner specified in Article 100am transfer of data from the driver register for re-use par. 3, for commercial and non-commercial purposes;
2)
for a fee, in the case of data:
a) made available pursuant to Article 100al – making data from the driver register available to other entities ,
b) transferred pursuant to Article 100am – transfer of data from the driver register for re-use in the manner specified in Article 100am – transfer of data from the driver register for re-use, paragraph 2, for commercial and non-commercial purposes.
Art. 100ap. Fees for providing data from driver registers
1.
The amount of the fee for providing individual data concerning one person or one entity may not be higher than 2% of the average remuneration in the national economy, referred to in Article 20, announcement in "Monitor Polski", point 1, letter a of the Act of 17 December 1998 on pensions and annuities from the Social Insurance Fund.
2.
The fee for providing data from the register for commercial and non-commercial purposes is determined according to the formula:
O = K × (A + B) + M
where:
O – total amount of the fee for providing data for commercial and non-commercial purposes,
K – coefficient equal to:
a) 1.0 – for non-commercial purposes,
b) 1.5 – for commercial purposes,
A – fee for IT work,
where
A = 0.5H1 × Z + 0.5H2 × Z + 0.75H3 × Z + 10H4 × Z + H5 × Z
B – fee for operating work,
where
B = 1.5H6 × 10Z + H7 × 10Z + 1.5H8 × 10Z + 0.6H9 × 10Z + 0.5H10 × 10Z
M – cost of consumables added if it exceeds 5% of the service value,
and the individual symbols mean:
H – number of hours allocated to the task:
H1 – duration of programming and design work,
H2 – time of developing program documentation,
H3 – duration of analytical and design work,
H4 – time of developing a new program,
H5 – time of developing a program from ready-made modules,
H6 – time of selecting a subset from the database,
H7 – time of processing selected data,
H8 – time of preparing a statistical table,
H9 – time of printing lists from a selected subset containing up to 300 individual data items,
H10 – time of printing lists from a selected subset containing more than 300 individual data items,
Z – fee for providing individual data from the register.
3.
The maximum amount of the fee referred to in paragraph 2 is PLN 23,000.
4.
The minister responsible for computerization will determine, by way of regulation:
1)
the fee for providing individual data from the register,
2)
conditions and method of paying the fee for providing data from the register,
3)
the method of documenting the payment of a fee for access to data from the register
– taking into account the different forms of submitting a request for access to data and the procedure for making it available for commercial and non-commercial purposes.
Art. 100aq. Access by the Internal Security Agency to data in driver records
In order to ensure the possibility of carrying out the tasks arising from Article 35, paragraph 4 of the Act of 24 May 2002 on the Internal Security Agency and the Intelligence Agency, the minister responsible for computerization shall provide the Internal Security Agency with access to the records.
Art. 100ar. Data made available to an interested party authenticated in the IT system handling the records
Each interested party who is authenticated in the IT system handling the records, after providing their name and surname and the number of the driving license or tram driving permit issued in the country, is provided with the following data:
1)
the type and scope of the entitlement obtained;
2)
authorization expiration date;
3)
document validity date;
4)
series and number of the form;
5)
information about the retention of a document, if the document remains retained.
Art. 100ar data made available to an interested party authenticated in the IT system handling the records on the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the MP by the minister responsible for computerization in consultation with the minister responsible for transport – will read as follows:
1. Each interested party who is authenticated in the IT system handling the records, after providing their name and surname and the number of the driving license or tram driving permit issued in the country, will be provided with the following data:
1)
the type and scope of the entitlement obtained;
2)
authorization expiration date;
3)
document validity date;
4)
series and number of the form;
5)
information about the retention of the document, if the document remains retained. 2. The provisions of paragraph 1 shall apply accordingly to the temporary electronic driving licence.
Article 100as. Sharing data from driver records with EU Member State authorities
Data collected in the register relating to driving licences or driver qualification cards or professional qualification certificates shall be made available to the competent authorities of the Member States of the European Union via an electronic network.
Art. 100at. Scope of data collected in the driver register
1. The following data is collected in the register in order to automatically generate a temporary electronic driving licence on their basis:
1)
name(s) and surname;
2)
date and place of birth;
3)
PESEL number;
4)
residential address;
5)
temporary electronic driving license number;
6)
date of issue of the temporary electronic driving license;
7)
expiry date of the temporary electronic driving license;
8)
the authority responsible for the driver candidate profile;
9)
the number identifying the temporary electronic driving license;
10)
categories of authorizations along with their acquisition and validity dates;
11)
requirements or restrictions referred to in Article 13, paragraphs 4 and 5 of the Act of 5 January 2011 on vehicle drivers;
12)
the date of obtaining a positive result of the state
examination referred to in Article 49, section 1, point 1 of the Act of 5 January 2011 on vehicle drivers;
13)
driver candidate profile number;
14)
person identifier;
15)
temporary electronic driving license status;
16)
the date and reason for the seizure of the temporary electronic driving licence and the name of the entity recording the seizure;
17)
date and reason for invalidation of the temporary electronic driving license.
2. Data referred to in paragraph 1:
1)
points 1–5, 8 and 10–14, are transmitted and updated via an IT system enabling the performance of tasks of the authorities competent to issue documents confirming the right to drive vehicles, referred to in Art . 16a, paragraph 1 of the Act of 5 January 2011 on vehicle drivers;
2)
points 6, 7, 9, 15 and 17 are completed automatically by the IT system handling the records;
3)
point 16, are transferred by the appropriate organizational unit of the Police, Road Transport Inspectorate or Military Police. ( Article 100at, the scope of data collected in the driver register comes into force on the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a press release in the Ministry of National Defence by the minister responsible for computerization in consultation with the minister responsible for transport)
Art. 100b. Repealed
Article 100c. Repealed
Article 100d. Repealed
Art. 100e. Repealed
Chapter 1b. Central registry of parking card holders
Article 100f. Central Register of Parking Card Holders
1.
A central register of parking card holders referred to in Article 8Parking Card for Disabled Persons, hereinafter referred to as the "Register," is hereby established.
2.
The Register is maintained by the minister responsible for computerization in the IT system. For the purposes of this Act, this minister is the controller of the data and information collected in the register.
3.
(repealed)
Art. 100g. Data collected in the parking card register
1.
The register collects the following data:
1)
card number;
2)
card issue date;
3)
expiration date cards;
4)
designation of the committee whose chairman issued the card;
5)
name and surname, PESEL number of the disabled person to whom the card was issued, and in the case of a person without a PESEL number – the series, number, and name of the document confirming identity and the name of the country that issued the document;
6)
date death;
7)
name and address and REGON identification number of the facility that issued the card, make, model and registration number of the vehicle whose driver is authorized to use the card – in the case of cards issued to the facility referred to in Article 8Parking card for a disabled person, paragraph 3a point 3;
8)
date and reason for card expiry;
9)
card status;
10)
identifier of the person or entity entering or changing the data in the records.
2.
The data referred to in paragraph 1, points 1–5, 7, and 8, as well as information on the occurrence of the circumstances referred to in Article 8Parking card for a disabled person, paragraph 5e, points 2 and 3, shall be transferred to the register by the district disability assessment board whose chairman issued the card.
3.
The data referred to in paragraph 1 points 9 and 10, are completed automatically by the IT system handling the register.
4.
The District Disability Assessment Team enters data into the register during the performance of an activity that requires the transfer of data to the register using the IT system handling the tasks performed by this entity.
5.
Data collected in the register is transferred to it from the PESEL, REGON, TERYT registers, the Central Vehicle Register, and the Central Driver Register, if they are included in these registers. collected.
6.
The Minister responsible for computerization may determine, by regulation, the procedure and deadlines for transferring data between the register and the PESEL, REGON, and TERYT registers, the Central Vehicle Register, and the Central Driver Register, taking into account the need to ensure smooth data flow between the register and other registers and records, the accuracy and timeliness of the collected data, and the need to ensure personal data protection.
7.
(repealed)
8.
The data referred to in paragraph 1 shall be deleted from the register after 3 years from the card's expiry date.
Article 100h. Entering Data into the Parking Card Register
1.
To enter data into the register, district disability assessment teams are provided access to the data collected in the register.
2.
Data is entered into the register by downloading the data collected in the register, verifying it, in particular based on available documents or data, and entering new data into the register. In the event of discrepancies between the data and the data contained in the PESEL or REGON registers, the data collected in these registers shall prevail.
2a.
If data relating to a new entity is entered into the register, this data is retrieved from the PESEL (Personal Identification Number), REGON (National Business Registry), Central Vehicle Register, and Central Driver Register, if collected there. In the event of discrepancies between the data and the PESEL or REGON register, the data collected in these registers shall prevail.
3.
The IT system managing the records generates a message about:
1)
entering data into the records – if new data is entered correctly into the records, which is equivalent to fulfilling the obligation to enter data into the records;
2)
failure to enter data into the register – if new data has not been entered into the register and it is necessary to re-enter it in order to fulfill the obligation to enter data into the register.
4.
The Minister responsible for computerization shall determine, by regulation:
1)
the scope of data to which district disability assessment boards are provided access, taking into account the proper performance of their tasks under this Act;
2)
the technical and quality requirements for data entered into the register and the method of entering it, taking into account ensuring the high quality of the data transferred to the register and its reference nature.
Article 100i. Removing inconsistencies in data in the parking card register
1.
The entity that finds an inconsistency in the data collected in the register shall clarify this inconsistency with respect to the data it is obligated to provide under the Act and shall enter the data into the register in accordance with the principles specified in Article 100hEntering data into the parking card register.
2.
If it is not possible to clarify the inconsistency, the entity referred to in paragraph 1 shall immediately notify the controller of the data and the information collected in the records of the inconsistency, using the IT system supporting the records or the IT system supporting the tasks performed by that entity.
3.
In order to clarify any discrepancies, the controller of the data and information collected in the records shall immediately notify the entity that entered the data to which the discrepancy relates, via the IT system managing the records, of the discrepancy in the event of:
1)
the controller determines the discrepancy in the data and information collected in the records;
2)
referred to in paragraph 2.
4.
The entity referred to in paragraphs 1 and 3 shall explain this discrepancy, in particular based on the documents or data in its possession.
5.
The entity referred to in paragraph 1 and 3, shall immediately inform the controller of the data and information collected in the records, via the IT system supporting the records or via the IT system supporting the tasks performed by that entity, about the clarification of this inconsistency in the event of:
1)
entering correct data into the records via the IT system supporting the records or via the IT system supporting the tasks performed by the entity entering the data;
2)
confirming that the data entered into the records is correct;
3)
determining the inability to remove the inconsistency, with justification provided.
6.
Entering data into the register for which an inconsistency has been identified, as referred to in paragraph 2, requires prior clarification of the inconsistency.
7.
The controller of data and information collected in the register will enable the entry of data into the register without prior clarification of inconsistencies if this is necessary to perform tasks arising from separate provisions carried out by entities obligated to enter data into the register within the deadlines specified in statutory provisions.
8.
The Minister responsible for computerization shall determine, by regulation, the method and procedure for resolving discrepancies in data collected in the central register of parking card holders by entities providing them, taking into account the need to ensure the completeness and accuracy of data in the register, the timely handling of administrative processes related to the register, and their security.
Art. 100j. Extension of the deadline for entering data into the parking card register
If data cannot be entered into the register due to reasons beyond the entity's control, the data shall be entered immediately, no later than 2 business days from the date on which the obligation to enter the data arose.
Article 100k. Entities authorized to access data in the vehicle register
1.
Data collected in the register is made available, if necessary for the performance of their statutory duties, to the following entities:
1)
Police;
2)
Road Transport Inspectorate;
3)
Gendarmerie Military;
4)
Border Guard;
5)
starostom;
6)
municipal (city) guards;
7)
to district disability assessment boards.
2.
The data collected in the register shall be made available upon a reasoned request of the interested entity, submitted in paper or electronic form, authenticated using the mechanisms specified in Art. 20aIdentification of the user of ICT systems, paragraph 1 of the Act of 17 February 2005 on the computerization of the activities of entities performing public tasks.
3.
The minister responsible for computerization may consent, by decision, to the disclosure of data collected in the register to the entities referred to in paragraph 1, or their organizational units, using data teletransmission devices, without the need to submit a written request, if they meet all of the following conditions:
1)
have devices that enable recording in the system who obtained the data, when, for what purpose, and what data was obtained;
2)
have technical and organizational security measures that prevent the use of the data contrary to the purpose for which it was obtained;
3)
this is justified by the specificity or the scope of tasks performed or activities conducted.
Art. 100l. Disclosure of data from the parking card register to the person to whom it relates
Data collected in the register shall also be made available at the request of the person to whom it relates. This data may be made available using data teletransmission devices.
Art. 100m. Free access to data from the parking card register
Disclosure of data referred to in Art. 100kentities authorized to access data in the vehicle register and Art. 100lProviding data from the parking card register to the person to whom it relates is free of charge.
Chapter 2. (Repealed)
Art. 101. Repealed
Art. 102. Repealed
Art. 103. Repealed
Art. 104. Repealed
Art. 105. Repealed
Art. 106. Repealed
Art. 107. Repealed
Art. 108. Repealed
Art. 109. Repealed
Art. 110. Repealed
Art. 111. Repealed
Art. 112. Repealed
Art. 113. Repealed
Art. 114. Repealed
Art. 115. Repealed
Chapter 2a. (Repealed)
Art. 115a. Repealed
Art. 115b. Repealed
Art. 115c. Repealed
Art. 115d. Repealed
Art. 115e. Repealed
Chapter 3. Provincial road traffic center
Art. 116. Voivodeship Road Traffic Center
1.
The Voivodeship Assembly, in consultation with the Minister responsible for transport, establishes Voivodeship Road Traffic Centers within the voivodeship.
2.
The Center is a self-governing voivodeship legal entity.
3.
The Voivodeship Board supervises center.
Art. 117. Tasks of the Provincial Road Traffic Center
1.
The center's tasks include:
1)
cooperating with the Provincial Road Traffic Safety Council;
2)
cooperating with district heads in supervising training;
3)
organizing state examinations to check the qualifications of applicants for driving licenses and drivers;
3a)
organizing examinations to check the qualifications of applicants for driving licenses within the scope specified by an international agreement to which the Republic of Poland is a party;
3b)
organizing qualification tests;
4)
(repealed)
4a)
conducting periodic training;
5)
conducting 3-day professional development workshops for examiners;
6)
conducting courses:
a) in-service training for teachers conducting classes for students applying for a bicycle license,
b) further education in road safety,
c) re-education in road safety,
d) re-education in alcohol and drug prevention;
7)
organizing classes for students applying for a bicycle license;
8)
providing the voivodeship marshal and district heads with information on pass rates for individual training centers and instructors;
9)
educational activities related to road traffic and transport other than those listed in points 4a and 5–8.
2.
The Center may perform other tasks related to road safety.
3.
The Center may conduct business activities, the results of which will be allocated to the activities referred to in paragraphs 1 and 2.
Art. 118. Director of the Provincial Road Traffic Center
1.
The center's activities are managed by the director.
2.
The director is appointed and dismissed by the provincial board.
3.
The provincial board determines the director's remuneration.
Art. 119. Financial Management of the Provincial Road Traffic Center
1.
The center shall conduct independent financial management pursuant to the principles set forth in this Act.
2.
The center's revenues include:
1)
income from performing the tasks referred to in Art. 117Tasks of the Provincial Road Traffic Centre, paragraph 1;
2)
Proceeds from performing other tasks related to road safety;
3)
Proceeds from the activities referred to in Art. 117Tasks of the Provincial Road Traffic Centre, paragraph 1. 3.
2a.
The center's revenue may be a specific or targeted subsidy granted from the voivodeship budget to finance or subsidize the costs of implementing the tasks referred to in Article 117Tasks of the Voivodeship Road Traffic Center, paragraphs 1 and 2, which do not constitute economic activity.
2b.
The subsidies referred to in paragraph 2a, for the center may not exceed 50% of its operating costs for the implementation of the tasks referred to in Art. 117Tasks of the Voivodeship Road Traffic Center sec. 1 and 2, which do not constitute economic activity.
2c.
The principles for granting subsidies referred to in sec. 2a, the procedure for granting them and the method of their settlement shall be determined by the voivodeship assembly, by way of a resolution constituting an act of local law, taking into account the need to ensure the implementation of the tasks referred to in Art. 117Tasks of the Voivodeship Road Traffic Center sec. 1 and 2, which are not business activities and taking into account the availability of funds for this purpose in the voivodeship budget.
2d.
The granting of subsidies referred to in par. 2a, is based on an agreement concluded by the voivodeship marshal with the director of the center.
3.
The center shall bear the costs of:
1)
current maintenance of the center;
2)
performing the tasks referred to in Art. 117Tasks of the Voivodeship Road Traffic Center, sec. 1;
3)
investments related to the center's activities referred to in Art. 117tasks of the provincial road traffic center;
4)
activities to improve road safety within the province, in particular to promote road traffic rules and improve driving culture, for which the center allocates remaining available funds not used under the titles referred to in points 1-3.
4.
(repealed)
5.
The center may take out loans, with the consent of the provincial board, under general principles.
6.
Assets acquired as part of the initial equipment of the center constitute its founding fund.
7.
The center maintains separate records of income and costs related to conducting training or examinations as educational activities and separately for any other activities.
Art. 120. Statute of the Provincial Road Traffic Center
1.
The Provincial Assembly grants the center a statute.
2.
The center's statute specifies, in particular, its organization and the conditions for establishing local branches.
Art. 121. Regulation on the principles of financial management of the provincial road traffic center
The minister responsible for transport shall determine, by regulation:
1)
in consultation with the minister responsible for the budget, financial institutions, and public finances - the detailed conditions of the center's financial management and the detailed conditions for recording revenues and costs referred to in Art. 119Financial management of the provincial road traffic center sec. 7.
2)
(overridden)
Chapter 4. (Repealed)
Art. 122. Repealed
Art. 123. Repealed
Art. 124. Repealed
Art. 124a. Repealed
Art. 124b. Repealed
Art. 124c. Repealed
Art. 125. Repealed
Art. 126. Repealed
Art. 127. Repealed
Art. 128. Repealed
Section 5. Road traffic control
Chapter 1. Powers of the Police and other authorities
Art. 129. Powers of a police officer and certain entities during road traffic control
1.
Ensuring safety and order on the roads, directing and controlling traffic are among the tasks of the Police.
2.
A police officer, in connection with the performance of the activities specified in paragraph 1, is entitled to:
1)
checking the identity of a road user and issuing binding instructions regarding the use of the road, vehicle or traffic support device;
1a)
establishing the identity of the vehicle driver based on data from the Personal Identity Card Register;
2)
checking the required documents referred to in Article 38 documents required from the vehicle driver , and the permit referred to in Article 106 requirements for the driver of an emergency vehicle, paragraph 1 point 5 of the Act of 5 January 2011 on vehicle drivers;
2 1 )
verification of vehicle data, including data on vehicle documents in the central vehicle register;
2 2 )
verification of data about the vehicle driver in the central register of drivers;
2 3 )
verification of data on the driver of a vehicle whose driving licence or driver qualification card was issued by a Member State of the European Union other than the Republic of Poland, the Swiss Confederation, a Member State of the European Free Trade Agreement (EFTA) – a party to the Agreement on the European Economic Area or the United Kingdom of Great Britain and Northern Ireland, by means of teletransmission using an electronic network, within the scope of data currently available in the electronic network;
2a)
(repealed)
2b)
checking the permit referred to in Article 64, paragraph 1, point 1, of the Traffic of Oversized Vehicles ;
3)
demanding that the driver of the vehicle or any other person in relation to whom there is reasonable suspicion that he or she may have driven the vehicle undergo a test to determine the content of alcohol or a substance acting similarly to alcohol in the body;
4)
checking the technical condition, equipment, load, dimensions, weight or axle load of a vehicle on the road;
4a)
reading the vehicle odometer, the odometer of the towed vehicle and the odometer of the transported vehicle together with the unit of measurement during the inspection;
5)
checking tachograph records;
6)
retaining, in cases provided for in the Act, documents confirming the right to drive or use a vehicle and the driver card in cases provided for in:
a) Art. 26 paragraph 7 of Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (OJ EU L 60, 28.02.2014, p. 1),
b) Article 11 principle of pedestrian use of pavements, hard shoulders, footpaths and carriageways paragraph 4 letter c of the Annex to the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), done at Geneva on 1 July 1970 (Journal of Laws of 2014, item 409);
7)
issuing instructions:
a) to the person who caused the obstacle that hinders road traffic or endangers its safety, or to the person responsible for maintaining the road,
b) to the controlled road user – as to his/her conduct;
8)
preventing:
a) a person who is intoxicated or under the influence of alcohol or a substance with a similar effect from driving or using a movement aid,
b) the use of a vehicle whose technical condition, load, weight or axle load endanger traffic safety or order, cause road damage or violate environmental protection requirements,
c) the use of a vehicle registered in a non-member country if the driver has not produced a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for this insurance,
d) the driving of a vehicle by a person who does not have the required documents authorising them to drive or use the vehicle;
9)
use of control and measurement devices, in particular for examining a vehicle, determining its weight, axle load or speed, determining violations of environmental protection requirements and determining the driver's sobriety;
9a)
use of recording devices;
10)
removing or moving the vehicle
in the cases referred to in Article 130a , paragraphs 1-3, 1-3;
11)
control of the road transport of dangerous goods and the requirements related to this transport;
11a)
control of waste transport within the meaning of the Act of 14 December 2012 on waste and requirements related to such transport;
11b)
breaking seals for the purpose of physical inspection of transported waste;
12)
using sound, signal or light devices to issue binding instructions to road users;
13)
in justified cases, requesting an assessment of the health condition of the vehicle driver;
13a)
applying to the starosta to send a driver or a person with a permit to drive a tram to an examination to check qualifications if there are justified and serious reservations as to the qualifications of that person;
14)
escorting vehicles, excluding oversized vehicles escorted in accordance with Article 64, paragraph 1, point 3.
3.
The provisions of paragraph 2 points 3, 4 and 6 shall not apply to heads and foreign staff of diplomatic missions, consular offices and special missions of foreign countries and international organizations enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognized international customs or on the basis of reciprocity, and to other persons enjoying these privileges and immunities.
4.
Road traffic control for drivers of vehicles of the Armed Forces of the Republic of Poland and for soldiers on active military duty driving other vehicles, vehicle escort, and road traffic management in connection with the escort of military vehicles is the responsibility of the Military Police and military law enforcement authorities. In this regard, the Military Police and military law enforcement authorities have the powers of police officers specified in paragraph 2.
4a.
Road traffic control may also be carried out by Border Guard officers or Customs and Tax Service officers, who have the powers referred to in paragraph 2 points 1–5 and 7–12 and in Article 130a , paragraph 4 point 1, to remove the vehicle from the road at the expense of the owner . Border Guard officers and Customs and Tax Service officers also have the power referred to in paragraph 2 point 6, in the scope concerning documents confirming the right to use the vehicle.
4aa.
Road traffic controls may also be carried out by inspectors of the Environmental Protection Inspection, who have the powers referred to in paragraph 2 points 1, 2, 2 1 , 2a, point 7 letter b, point 8 letter b and point 11a. 4aa. Road traffic controls may also be carried out by inspectors of the Environmental Protection Inspection, who have the powers referred to in paragraphs points 1, 2–2 3 , point 7 letter b, point 8 letter b and point 11a. ( Art. 129, powers of police officers and certain entities during road traffic controls, paragraph 4aa in this wording enters into force on the date of implementation of technical solutions enabling the verification of data on the vehicle driver in the central register of drivers and the entry into the central register of drivers of information on the seizure of a driving license or a tram driving permit issued in the country and on their return, specified in the announcement published in the Journal of Laws and the Public Information Bulletin)
4b.
Additionally, officers refuse entry of a vehicle into the territory of the Republic of Poland if:
1)
the vehicle is driven by a person who is intoxicated or under the influence of alcohol or a substance having a similar effect to alcohol, if it is not possible to secure the vehicle in another way;
2)
the vehicle is driven by a person who does not have the required documents authorizing him/her to drive or use the vehicle, a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or confirming the payment of the insurance premium;
3)
the technical condition of the vehicle endangers road safety, causes damage to the road by the vehicle or violates environmental protection requirements;
4)
the driver of an oversized vehicle does not have the required permit;
5)
a violation of the regulations on international shipments of waste was found.
5.
(repealed)
Art. 129a. Road inspections performed by inspectors of the Road Transport Inspection
1.
Road traffic control in relation to the driver of the vehicle:
1)
who performs road transport within the meaning of the Act of 6 September 2001 on road transport,
2)
in the scope of testing to determine the alcohol content in the body or the presence of a substance acting similarly to alcohol,
3)
who has violated road traffic regulations, if this violation is recorded using:
a) control and measurement devices,
b) portable recording devices or recording devices installed in a vehicle or aircraft,
4)
who grossly violated road traffic regulations or caused a threat to his safety,
5)
who performs road transport within the meaning of the Act of 19 August 2011 on the transport of dangerous goods,
6)
who carries out the transport of waste within the meaning of the Act of 14 December 2012 on waste
- also belongs to the Road Transport Inspection.
2.
Within the framework of carrying out road traffic inspections within the scope referred to in paragraph 1, inspectors of the Road Transport Inspection have the powers specified in Article 129, paragraphs 1 and 2, including towards the owner or keeper of the vehicle
.
Art. 129b. Road checks performed by municipal (city) guards
1.
Road traffic control in municipalities or cities that have established a municipal (city) guard may be performed by municipal (city) guards.
2.
Municipal (city) guards are authorized to perform road traffic control in relation to:
1)
a vehicle driver who does not comply with the traffic ban in both directions, indicated by an appropriate road sign;
2)
a traffic participant violating the provisions on:
a) stopping or parking vehicles,
b) the movement of mopeds, bicycles, bicycle carts, electric scooters, personal transport devices, horse-drawn vehicles and on riding or driving animals,
c) the movement of pedestrians and persons moving using movement-assisting devices,
d) the restriction of traffic in the clean transport zone, specified in the resolution of the municipal council, issued on the basis of Art. 40 section 1 of the Act of 11 January 2018 on electromobility and alternative fuels (Journal of Laws of 2023, items 875, 1394, 1506 and 1681 and of 2024, item 834),
e) axle load.
3.
As part of carrying out road traffic control within the scope referred to in paragraph 2, municipal (city) guards are authorized to:
1)
stopping a vehicle, a person moving using a movement assist device or riding on horseback;
2)
checking the documents referred to in Art. 38 documents required from the vehicle driver , and verifying data on:
a) the vehicle, including data on vehicle documents, in the central register of vehicles,
b) the vehicle driver in the central register of drivers;
3)
(repealed)
4)
checking the identity of a road user and issuing binding instructions regarding the use of the road, vehicle or traffic support device;
5)
issuing instructions:
a) to the person who caused the obstacle that hinders road traffic or endangers its safety,
b) to the controlled road user – as to his/her conduct;
6)
verifying the fulfilment of the obligations specified in Article 78, paragraph 2 of the documents provided to the buyer upon sale of the vehicle ;
7)
requesting the owner or keeper of the vehicle to indicate to whom he has entrusted the vehicle for driving or use during a specified period;
8)
establishing the identity of the vehicle driver based on data from the Personal Identity Card Register;
9)
checking the axle load of the vehicle on the road;
10)
using control or measuring devices to determine the axle load of a vehicle;
11)
preventing driving a vehicle that exceeds the permissible axle load.
3a.
In order to check the axle load of a vehicle, municipal (city) guards who have a driving license of the appropriate category may drive the vehicle.
4.
(repealed)
Art. 129c. Traffic control in forests or national parks
1.
Road traffic control in forests or national parks may be carried out by forest rangers or Park Guard officers.
2.
Forest rangers and Park Guard officers are entitled to check vehicle drivers who do not comply with the regulations or road signs in force in forests or national parks, regarding the prohibition of entry, stopping or parking of vehicles.
3.
As part of the performance of road traffic control within the scope referred to in paragraph 2, forest guards and Park Guard officers are authorized to:
1)
stopping the vehicle;
2)
identification of road traffic participants;
2a)
verification of vehicle data, including data on vehicle documents, in the central vehicle register;
3)
giving instructions on how to behave on the road.
Art. 129d. Road inspections performed by persons acting on behalf of the road administrator
1.
Persons acting on behalf of the road operator may, in the presence of a Police officer or Road Transport Inspectorate inspector, carry out road traffic control in relation to vehicles:
1)
in terms of compliance with regulations on dimensions, weight or axle load;
2)
causing damage or destruction to the road;
3)
polluting or littering the road.
1a.
Persons acting on behalf of the road manager may also, in the presence of a municipal (city) guard, carry out road traffic control in relation to vehicles in terms of compliance with axle load regulations.
2.
As part of carrying out road traffic control within the scope referred to in paragraphs 1 and 1a, persons acting on behalf of the road manager are authorized to:
1)
stopping the vehicle;
2)
checking the identity of a road user and giving them instructions on how to use the road or vehicle;
3)
checking the documents required in connection with the use of the vehicle;
4)
checking the technical condition, equipment, load, dimensions and weight or axle load of the vehicle on the road;
5)
use of control or measuring instruments intended, in particular, to examine the vehicle, determine its dimensions, weight or axle load and determine any violation of environmental protection requirements;
6)
preventing the driving of a vehicle that exceeds the permissible weight or axle load or damages or destroys the road.
3.
In order to check the weight or axle load of a vehicle, persons acting on behalf of the road authority and holding a driving licence of the appropriate category may drive the vehicle.
4.
The provisions of paragraphs 1-3 shall not apply to persons acting on behalf of the General Director for National Roads and Motorways.
Art. 129e. Authorization to perform roadside inspections
1.
Road traffic control performed by municipal (city) guards, forest guards, Park Guard officers and road authority employees is based on an authorisation to perform road traffic control issued by the relevant district (city) Police commander.
2.
Article 129 of the powers of a police officer and certain entities during road traffic control, paragraph 3, shall apply accordingly to road traffic control performed by persons referred to in paragraph 1.
Art. 129f. Obligation to prevent a person under the influence of alcohol or drunk from driving a vehicle
Municipal (city) guards, forest guards and Park Guard officers, in connection with the performance of road traffic control activities, are obliged to prevent a person from driving a vehicle if there is a reasonable suspicion that he or she is in a state of intoxication or under the influence of alcohol or a substance with an effect similar to alcohol, until the arrival of the Police.
A vehicle selected by the inspector for checking its technical condition as part of a road traffic inspection is subject to a preliminary technical roadside inspection, which is carried out in accordance with the provisions issued pursuant to Article 131 of the Regulation on the Conduct of Road Traffic Inspections, paragraph 1.
2.
The Chief Inspector of Road Transport, in consultation with the Chief Commander of the Police, plans and organises preliminary technical roadside inspections of vehicles of categories M 2 , M 3 , N 2 and N 3 and trailers of categories O 3 and O 4 in such a way that the total number of these inspections covers at least 5% of the total number of such vehicles registered in the territory of the Republic of Poland in each calendar year.
In the case of a vehicle in categories M 2 , M 3 , N 2 and N 2 , a trailer in categories O 3 and O 4 , and a wheeled tractor in categories T 1b , T 2b , T 3b , T 4.1b , T 4.2b , T 4.3b and T 5 used on a public road to perform commercial carriage of goods, the inspecting person, based on the results of the initial technical roadside inspection, may refer the vehicle to a detailed technical roadside inspection. When referring a vehicle to a detailed technical roadside inspection, particular account is taken of the need to determine whether the vehicle poses a threat to road safety or violates environmental protection requirements.
2.
The scope of the detailed technical roadside inspection to be carried out is specified in the technical roadside inspection report.
3.
A detailed technical roadside inspection is carried out in accordance with the provisions issued pursuant to Article 131, paragraph 1 of the Regulation on the conduct of road traffic inspections in:
1)
mobile road inspection station,
2)
a designated roadside inspection point covering an area of ​​appropriate size where it is possible to carry out a technical inspection of the main safety-related systems in the vehicle
– using the control and measurement instruments necessary to carry out such an inspection, in particular the instruments necessary to assess the condition of the brakes and their effectiveness, the steering system, the suspension and the vehicle’s handling characteristics.
4.
If the vehicle referred to in paragraph 1 is directed to a detailed technical roadside inspection at a designated roadside inspection point, the inspection shall be carried out as soon as possible and at the nearest designated roadside inspection point.
5.
The results of a detailed technical roadside inspection are included in the technical roadside inspection report.
6.
The minister responsible for transport will determine, by regulation, the minimum requirements for the equipment of a mobile roadside inspection station and a designated roadside inspection point and the control and measurement instruments used therein, taking into account the scope of a detailed technical roadside inspection and the need to ensure a correct assessment of the technical condition of vehicles subjected to such inspection.
Art. 129fc. Training and workshops authorizing the performance of detailed technical roadside inspections
1.
A detailed technical roadside inspection is carried out by an inspector who has:
1)
the authorizations referred to in Article 84, paragraph 2, or
2)
education and experience referred to in Article 84, paragraph 2b, and has completed training for inspectors in the field of conducting detailed technical roadside inspections –
and participates in workshops for inspectors conducting detailed technical roadside inspections at least once in two consecutive years.
2.
The Provincial Road Transport Inspector, the Provincial Police Commander, the Capital Police Commander, the Commander-Rector of the Police Academy in Szczytno, the Commander of the Police School, the Commander of the Border Guard Unit, the Rector-Commander of the Border Guard College and the Director of the National School of Taxation, each within their scope of competence:
1)
may organise training for inspectors in the field of conducting detailed technical roadside inspections and workshops for inspectors conducting detailed technical roadside inspections, in accordance with the programme specified in the regulations issued pursuant to paragraph 3;
2)
issue certificates of completion of training for inspectors in the field of conducting detailed technical road inspections and certificates of completion of workshops for inspectors conducting detailed technical road inspections, provided that they participate in all activities provided for in the program.
3.
The minister responsible for transport, in consultation with the minister responsible for internal affairs and the minister responsible for public finances, shall determine, by way of a regulation:
1)
training program for inspectors in the field of conducting detailed technical road inspections,
2)
a workshop program for inspectors carrying out detailed technical road inspections,
3)
a template of a certificate of completion of training for inspectors in the field of conducting detailed technical road inspections,
4)
a template for a certificate of completion of workshops for inspectors carrying out detailed technical roadside inspections
– taking into account the need to ensure the equivalence of these training courses and workshops with training courses and workshops for diagnosticians, the need to achieve the appropriate level of knowledge and skills necessary to carry out detailed technical roadside inspections and the need to standardise the certificates issued.
Art. 129g. Competences of the Road Transport Inspection in the field of disclosing violations of road traffic regulations
1.
The Road Transport Inspectorate is responsible
for disclosing the following road traffic violations using stationary recording devices installed in the road zone of public roads:
a) exceeding the speed limit,
b) failure to comply with traffic light signals .
2.
When carrying out the tasks referred to in paragraph 1, the Road Transport Inspection:
1)
records images of road traffic violations and processes for the purposes specified in this Act the image of the vehicle in which the road traffic regulations were violated and the image of the driver of the vehicle, if registered, as well as data including:
a) the registration number of the vehicle in which the regulations were violated,
b) the date, time and location of the violation,
c) the type of violation,
d) data of the owner or keeper of the vehicle or the driver of the vehicle,
e) the identification number of the recording device;
2)
in proceedings in petty offence cases referred to in paragraph 1, conducts explanatory activities, submits motions to the court for punishment, brings charges before the court and files appeals - in the manner and to the extent specified in the Act of 24 August 2001 - the Code of Procedure in Petty Offence Cases (Journal of Laws of 2022, item 1124 and of 2023, item 1963);
3)
requests public road managers, excluding roads managed by the General Director for National Roads and Motorways, to install or remove a recording device or a housing for this device, provided that in matters concerning devices recording violations of road traffic regulations regarding the permitted speed, the request requires prior consultation with the relevant provincial police commander;
4)
purchases and repairs and performs activities resulting from the ongoing operation and maintenance of recording devices and housings for these devices, including activities involving the import of data recorded by these devices and the installation of devices in installed housings in the case of devices installed by the Road Transport Inspectorate or the road manager acting on the request referred to in point 3, as well as in the case of housings of recording devices belonging to the Police.
3.
The tasks of the Road Transport Inspection referred to in paragraph 1 are performed by the Chief Inspector of Road Transport with the assistance of the Chief Inspectorate of Road Transport and its local delegations.
4.
(lost power)
5.
The minister responsible for transport, in consultation with the minister responsible for internal affairs and the Minister of Justice, taking into account the scope of necessary data and the need to ensure uniformity of documents, shall specify, by way of a regulation, the templates of documents used by the Chief Inspector of Road Transport in the proceedings referred to in paragraph 2 point 2.
Art. 129h. Data subject to registration by the Road Transport Inspectorate
1.
Within the scope referred to in Article 129g of the Road Transport Inspection's competences in the field of disclosing violations of road traffic regulations, paragraph 1, the following are subject to registration in particular:
1)
an image of the violation, including an image of the vehicle whose driver violated traffic regulations, along with the vehicle registration number;
2)
date and time of the violation;
3)
identification number of the recording device;
- and in the event that the driver exceeds the speed limit, the following are also recorded:
4)
the speed at which the vehicle was moving;
5)
permissible speed at the place and time of the violation.
2.
In cases particularly justified by road safety, the Road Transport Inspection may disclose violations of road traffic regulations within the scope referred to in Article 129g , paragraph 1, letter a, also using recording devices that reveal violations of road traffic regulations on a specific road section. In such a case, these devices shall record, in particular:
1)
an image of the vehicle whose driver violated traffic regulations, along with the vehicle registration number;
2)
date, time and identification of the section of road on which the infringement was committed;
3)
the average speed at which the vehicle was travelling on the section of road where the infringement was committed;
4)
the speed limit on the section of road where the infringement was committed, at the time it was committed;
5)
identification number of the recording device.
3.
The Chief Inspector of Road Transport determines the owner or keeper of the vehicle entered in the registration certificate, which has committed a violation of road traffic regulations, based on the following data and information:
1)
specified in paragraphs 1 and 2;
2)
from the central vehicle register and the central driver register made available via the IT system;
3)
obtained in connection with the proceedings, in particular from Polish and foreign vehicle registration authorities.
4.
For the processing of personal data by the Chief Inspector of Road Transport, within the scope referred to in paragraph 3, the provisions of Article 26 of the Act of 14 December 2018 on the protection of personal data processed in connection with the prevention and combating of crime (Journal of Laws of 2023, item 1206) shall apply .
5.
The Minister responsible for transport, taking into account the causes and location of road accidents, preventing these accidents and encouraging drivers to comply with road traffic regulations, shall determine, by way of a regulation:
1)
conditions for locating stationary recording devices and housings for these devices in the road zone of public roads, taking into account the principle that the housing is installed and used together with the recording device;
2)
the method of marking stationary recording devices and housings for these devices, taking into account the preventive effect by ensuring adequate visibility;
3)
the method of taking measurements by recording devices, taking into account speed thresholds adapted to the speed limit in force on the road, and processing the recorded data by these devices, as well as taking into account the possibility of driver error up to and including 10 km/h in maintaining the permissible speed.
4)
(repealed)
Art. 129i. Testing the driver for alcohol in the body
1.
The test to determine the alcohol content in the body is performed using electronic devices that measure the alcohol concentration in exhaled air.
2.
The provisions of paragraph 1 shall not apply if the condition of the person undergoing the test prevents it from being performed using an electronic device, or if the person refuses to undergo such a test. In such a case, the alcohol content in the body shall be determined based on a blood test.
3.
A test to determine the alcohol content in the body may also be carried out in the absence of the consent of the person being tested, of which he or she must be informed in advance.
4.
The conditions and method of conducting the tests referred to in paragraphs 1 and 2 are specified in the provisions issued on the basis of Article 47 paragraph 2 of the Act of 26 October 1982 on upbringing in sobriety and counteracting alcoholism (Journal of Laws of 2023, item 2151).
Art. 129j. Testing the driver for the presence of a substance acting similarly to alcohol in the body
1.
A test to determine the presence of a substance with an effect similar to alcohol in the body is carried out using methods that do not require laboratory testing.
2.
The provisions of paragraph 1 shall not apply if the condition of the person undergoing the examination prevents the examination from being performed using a method that does not require laboratory testing, or if the person refuses to undergo such a test. In such a case, the presence of a substance with a similar effect to alcohol shall be determined based on a blood or urine test.
3.
A blood or urine test is permitted as a result of a test performed using the method referred to in paragraph 1, or if it is not possible to use this method.
4.
A test to determine the presence of a substance in the body that has a similar effect to alcohol may also be carried out in the absence of the consent of the person being tested, of which he or she should be informed in advance.
5.
The Minister responsible for health, taking into account the effects of substances acting similarly to alcohol on the driver’s body, shall determine, by way of a regulation:
1)
a list of these measures;
2)
conditions and method of carrying out tests for their presence in the body.
Art. 129ja. Subjecting the person inspecting the vehicle to a test for the content of alcohol or other substances in the body.
In the course of a road traffic inspection, an authorized inspection body may subject the driver of a vehicle or any other person in relation to whom there is reasonable suspicion that he or she may have driven the vehicle to a test to determine the alcohol content or the presence of a substance having a similar effect to alcohol in the body.
Article 129k. Examination of a driver involved in a road accident
1.
If a person is involved in a road accident in which someone is killed or injured, the driver of the vehicle is tested to determine the level of alcohol or the presence of a substance with an effect similar to alcohol in the body.
2.
Another person may also be subjected to the examination referred to in paragraph 1 if there is a reasonable suspicion that he or she may have driven a vehicle involved in a road accident in which a person was killed or injured.
3.
Persons referred to in paragraphs 1 and 2 have the right to demand that a road traffic control authority carry out a blood or urine test to determine the alcohol content or the presence of a substance having a similar effect to alcohol in the body.
Art. 129l. Reading of the odometer during a road traffic inspection
1.
During a road traffic inspection, an authorized inspection body may read the odometer of the vehicle, the odometer of the towed vehicle and the odometer of the vehicle being transported together with the unit of measurement.
2.
The driver of the vehicle is obliged to enable the authorized inspection body to perform the activities referred to in paragraph 1 with respect to the vehicle being driven, towed or transported.
Art. 130. Repealed
Art. 130a. Removal of a vehicle from the road at the owner's expense
1.
The vehicle is removed from the road at the owner's expense in the event of:
1)
leaving the vehicle in a place where it is prohibited and obstructs traffic or otherwise poses a threat to safety;
2)
failure of the driver to produce a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for this insurance
, if the vehicle is registered in the country referred to in Article 129, paragraph 2, point 8, letter c;
3)
exceeding the dimensions, permissible total weight or axle load specified in road traffic regulations, unless it is possible to direct the vehicle to a nearby road on which the movement of such a vehicle is permitted;
4)
leaving a vehicle without a parking card in a space designated for a vehicle driven by persons mentioned in Article 8, paragraphs 1 and 2;
5)
leaving the vehicle in a place where a sign is in force indicating that the parked vehicle will be removed at the owner's expense;
6)
it is driven by a person who does not have the right to drive vehicles or whose driving license has been confiscated and it is not possible to secure the vehicle by handing it over to a person inside who has the right to drive the vehicle; the provision does not apply if the driver has the receipt referred to in Article 135, paragraph 4 or 5, or in Article 135a, paragraph 5 or 6, authorising him to drive the vehicle;
7)
driving on a road other than the one designated in accordance with Article 65a, obligations of the event organiser on the road , paragraph 3, point 3, letter j, if the road traffic is approved pursuant to Article 65p, the scope of road traffic approval for passenger cars intended for sports competitions .
1a.
The vehicle is removed from the road at the expense of the person performing the road transport in the case referred to in Article 140ad, paragraph 7.
2.
A vehicle may be removed from the road at the owner’s expense if it cannot be secured in any other way, if:
1)
it was driven by a person:
a) who was in a state of intoxication or after using alcohol or a substance having a similar effect to alcohol,
b) who did not have the required documents authorising him/her to drive or use the vehicle;
2)
its technical condition endangers road safety, causes damage to the road or violates environmental protection requirements.
2a.
The removal of a vehicle shall be waived if the reasons for its removal cease to exist before the vehicle removal order is issued or during its removal. If issuing the vehicle removal order in the cases referred to in paragraphs 1-2 resulted in costs, the vehicle owner is obligated to cover them. The provisions of paragraph 10i shall apply accordingly.
3.
A vehicle may be moved or removed from the road if it hinders the rescue operation.
4.
The order to move or remove a vehicle from the road is issued by:
1)
police officer - in situations referred to in paragraphs 1-3;
2)
municipal (city) guard - in situations referred to in paragraph 1 points 1, 4 and 5;
3)
the person commanding the rescue operation - in the situation referred to in paragraph 3.
5.
(lost power)
5a.
(repealed)
5b.
(repealed) 5c. A vehicle removed from the road in the cases specified in paragraphs 1–2 and art. 140ad , a deposit in the amount of the expected fine , paragraph 7, shall be placed in a guarded parking lot designated by the staroste until the fee for its removal and parking has been paid, taking into account paragraph 7. ( Article 130a , removal of a vehicle from the road at the expense of the owner, paragraph 5c - to the extent that it provides that a vehicle removed from the road in the cases specified in Article 130a, removal of a vehicle from the road at the expense of the owner, paragraphs 1 and 2 of the Road Traffic Act remains in a guarded parking lot designated by the staroste until the fee for its removal and parking is paid - was found to be inconsistent with the Constitution of the Republic of Poland by the judgment of the Constitutional Tribunal of December 5, 2018 (ref. no. K 6/17) and became null and void in this respect on September 13, 2019 (Journal of Laws of 2018, item 2322).)
5d.
(repealed)
5e.
(repealed)
5f.
Removing vehicles and maintaining a guarded parking lot for vehicles removed in the cases referred to in paragraphs 1-2 are the county's own responsibilities. The staroste (starosta) carries out these tasks with the assistance of county organizational units or delegates their performance in accordance with the provisions of the Act of 11 September 2019 – Public Procurement Law.
6.
The district council, taking into account the need for efficient implementation of the tasks referred to in paragraphs 1-2 and the costs of removing and storing vehicles within the given district, shall annually determine, by resolution, the amount of the fees referred to in paragraph 5c and the amount of the costs referred to in paragraph 2a. The amount of the costs referred to in paragraph 2a may not be higher than the maximum amount of the fees for removing the vehicle referred to in paragraph 6a.
6a.
The maximum rates of the fees referred to in par. 5c are established:
a) bicycle or moped - for removal - PLN 100; for each day of storage - PLN 15,
b) motorcycle - for removal - PLN 200; for each day of storage - PLN 22,
c) vehicle with a permissible total weight up to 3.5 t - for removal - PLN 440; for each day of storage - PLN 33,
d) vehicle with a permissible total weight over 3.5 t up to 7.5 t - for removal - PLN 550; for each day of storage - PLN 45,
e) vehicle with a permissible total weight over 7.5 t up to 16 t - for removal - PLN 780; for each day of storage - PLN 65,
f) vehicle with a permissible total weight over 16 t - for removal - PLN 1,150; for each day of storage - PLN 120,
g) vehicle transporting hazardous materials - for removal - PLN 1,400; for each day of storage - PLN 180,
h) electric scooter or personal transport device - for removal - PLN 123; for each day of storage - PLN 23.
6b.
The maximum fee rates specified in paragraph 6a, applicable in a given calendar year, are changed annually for the following calendar year to the extent corresponding to the consumer price index in the first half of the year in which the rates are changed, compared to the same period of the previous year.
6c.
For each calendar year, the minister responsible for public finances shall announce, by way of a notice in the Official Journal of the Republic of Poland "Monitor Polski", the maximum rates of the fees referred to in paragraph 6a, taking into account the principle set out in paragraph 6b, rounding them up to the nearest whole zloty.
6d.
The price index referred to in paragraph 6b shall be determined on the basis of a communication from the President of the Central Statistical Office published in the Official Journal of the Republic of Poland "Monitor Polski", within 20 days of its publication.
6e.
The fees referred to in paragraph 6 constitute the district's own income.
7.
(lost power)
8.
A vehicle may be immobilised by using a wheel-blocking device if it is left in a place where it is prohibited but does not obstruct traffic or pose a safety risk.
9.
The vehicle is immobilized by the Police or municipal (city) guard.
10.
In the cases specified in paragraphs 1 or 2, the district head shall file a motion with the court to order the forfeiture of a vehicle removed from the road to the district if the properly notified owner or authorized person fails to collect the vehicle within three months of its removal. The notification shall include instructions on the consequences of failure to collect the vehicle.
10a.
The staroste shall submit the application referred to in paragraph 10 no earlier than 30 days from the date of notification.
10b.
If the vehicle removed in the cases referred to in paragraphs 1 or 2 is not registered in any of the Member States of the European Union, it shall be handed over to the locally competent head of the customs and tax office in order to regulate its situation in accordance with the provisions of customs law.
10c.
The provision of paragraph 10 shall not apply if the circumstances indicate that the failure to collect the vehicle was due to reasons beyond the control of the owner or the authorized person.
10d.
The provision of paragraph 10 shall apply accordingly if, within 4 months from the date of removal of the vehicle, its owner or the person entitled to collect it has not been identified, despite due diligence being exercised in searching for the owner.
10e.
In cases involving the forfeiture of a vehicle, the court determines whether all the conditions necessary to order the forfeiture have been met, in particular whether the removal of the vehicle was justified and whether due diligence was exercised in finding the person entitled to collect it, and whether the forfeiture order will not be contrary to the principles of social coexistence.
10f.
The district governor (starosta) is responsible for enforcing a court judgment on the forfeiture of a vehicle. The judgment is enforced in accordance with the procedures and principles specified in the Act of 17 June 1966 on Administrative Enforcement Procedures, taking into account the provisions of this Act.
10g.
In the event of failure to collect the vehicle from the parking lot within the time limit specified in paragraph 10, the entity managing the guarded parking lot shall notify the locally competent starosta and the entity that issued the instruction to remove the vehicle no later than on the third day following the expiry of that time limit.
10h.
The costs associated with the removal, storage, valuation, sale, or destruction of a vehicle incurred from the time the removal order is issued until the conclusion of the proceedings are borne by the person who owns the vehicle on the date the removal order is issued, subject to paragraphs 10d and 10i. The decision to pay these costs is made by the starosta.
10i.
If, at the time of removal, the vehicle was in the possession of a person having it on the basis of a legal title other than ownership, that person shall be jointly and severally liable to cover the costs referred to in paragraph 10h.
10j.
The payment deadline for amounts determined by the decision referred to in paragraph 10h is 30 days from the date on which the decision becomes final. Statutory interest for late payment shall accrue from the day following the due date. These amounts, together with interest, are subject to enforcement under the procedures and principles specified in the Act of 17 June 1966 on Administrative Enforcement Procedure.
10k.
The decision referred to in paragraph 10h shall not be issued if 5 years have passed since the court decision on the forfeiture of the vehicle became final.
10l.
The execution referred to in paragraph 10j shall not be initiated, and any initiated execution shall be discontinued, if 5 years have passed from the date of service of the final decision referred to in paragraph 10h.
10m.
If, in the case referred to in Article 140ad, a deposit in the amount of the expected fine , paragraph 7, the vehicle is not collected from the parking lot within 30 days from the date of imposition of the fine, the provisions of Section II, Chapter 6 of the Act of 17 June 1966 on enforcement proceedings in administration, regarding the enforcement of monetary claims from movable property, shall apply accordingly.
11.
The Minister responsible for internal affairs, guided by the principle of guaranteeing the protection of property rights and the need to ensure order on public roads and road safety, shall determine, by way of a regulation:
1)
the procedure and conditions for cooperation with the Police and other entities authorized to make decisions on the removal of vehicles, entities removing vehicles or operating guarded parking lots;
2)
procedure and conditions for releasing the vehicle from the parking lot.
3)
(lost power)
Article 130b. Report on accidents on roads within or outside the trans-European road network
1.
The Police is obliged to prepare a report on every road accident in which a person is killed, occurring on a road referred to in Article 24ga of the application of the provisions on road safety management , paragraph 1, points 1 and 2 of the Act of 21 March 1985 on public roads.
2.
The report referred to in paragraph 1 shall include:
1)
determining the location of the accident as precisely as possible, including its geographical coordinates obtained via the Global Navigation Satellite System (GNSS);
2)
photos or diagram of the accident scene;
3)
date and time of the accident;
4)
a detailed description of the place and circumstances of the accident: type of terrain, type of road, type of intersection, including information on traffic lights, number of lanes, road markings, lighting, weather conditions, speed limit, obstacles on the roadside;
5)
information on the consequences of the accident, in particular the number of people killed and injured;
6)
characteristics of the accident participants: age, gender, citizenship, level of alcohol or narcotic substance in the body, use or non-use of protective equipment;
7)
data on the vehicles involved in the accident: type, age, protective equipment and date of the last technical inspection;
8)
information on the type and course of the accident, including the maneuvers of the vehicle and driver;
9)
if possible, information about the time of arrival of the emergency services and receipt of the report.
3.
The Police shall submit the reports referred to in paragraph 1 to the Secretariat of the National Road Safety Council
referred to in Article 140f , by 31 March each year, for the previous year.
Art. 131. Regulation on carrying out road traffic inspections
1.
The minister responsible for internal affairs, in consultation with the minister responsible for transport, taking into account the need to ensure safety and order during the performance of road traffic inspections and their efficient conduct, as well as the need to properly protect the manner of carrying out tasks related to state security and to standardise the documents prepared, shall determine, by way of a regulation:
1)
organization, detailed conditions and method of carrying out road traffic control;
2)
required behaviour of the controlled traffic participant;
3)
detailed conditions for carrying out road traffic inspections by persons referred to in Article 129e of the authorization to carry out road traffic inspections ;
3a)
special conditions for carrying out road traffic inspections of vehicles referred to in Article 73 paragraph 3 , excluding vehicles of the Armed Forces of the Republic of Poland;
4)
detailed conditions for granting authorizations to perform road traffic control;
5)
templates of documents used when carrying out road traffic control.
2.
The Minister of National Defence, taking into account the need to ensure safety and order during road inspections and the efficient performance of activities in this respect, in consultation with the ministers responsible for transport and internal affairs, will determine, by way of a regulation:
1)
organization, conditions and method of performing the activities referred to in Article 129, paragraph 4;
2)
conditions and procedure for cooperation between the Military Police and the Police in matters referred to in Article 130, paragraph 1,
repealed .
Chapter 2. Retention and return of registration certificates
Art. 132. Grounds for withholding a registration certificate (temporary permit)
1.
A police officer, Border Guard officer, or Customs and Tax Service officer will withhold a registration certificate (temporary permit) if:
1)
it is determined or reasonably suspected that the vehicle:
a) poses a safety hazard, particularly after a road accident in which essential load-bearing components of the bodywork, chassis, or frame have been damaged,
b) endangers traffic,
c) violates environmental protection requirements;
2)
confirmation that the vehicle was not subjected to a technical inspection within the specified period or the inspection date was not set correctly;
3)
confirmation that the technical inspection was performed by an unauthorized entity;
4)
reasonable suspicion that the data regarding the registration certificate (temporary permit) contained in the Central Vehicle Register does not correspond to the factual situation.
1a.
A police officer, Border Guard officer, or Customs and Tax Service officer will retain the registration certificate (temporary permit) of a driver of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland if:
1)
it is found or reasonably suspected that the vehicle:
a) poses a safety hazard, especially after a road accident in which essential load-bearing elements of the bodywork, chassis, or frame have been damaged,
b) poses a threat to traffic order,
c) violates environmental protection requirements;
2)
confirmation that the vehicle was not subjected to a technical inspection within the specified period or the inspection date was not set correctly;
3)
confirmation that the registration certificate (temporary permit) was damaged to the extent that it was illegible;
4)
reasonable suspicion of forgery or tampering with the registration certificate (temporary permit);
5)
conclusion that the technical inspection was performed by an unauthorized entity;
6)
failure by the driver to produce a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for such insurance, if the vehicle is registered in a country referred to in Article 129Powers of Police Officers and Certain Entities During Road Traffic Checks paragraph 2 item 8 letter c;
7)
reasonable suspicion that the data contained therein does not correspond to the facts.
1aa.
In the case of the driver of a vehicle referred to in Article 73Vehicle Registration, paragraph 3, a police officer, Border Guard officer, or Customs and Tax Service officer will retain the registration certificate (temporary permit) in the cases referred to in paragraph 1a, points 1–5 and 7.
1b.
The retention referred to in paragraph 1 shall be effected by entering information about the retention of the registration certificate (temporary permit) into the Central Register of Vehicles.
1c.
The detention referred to in paragraphs 1a and 1aa shall be effected by confiscating the document presented.
2.
If the registration certificate (temporary permit) is confiscated, a police officer, Border Guard officer, or Customs and Tax Service officer shall issue a receipt to the driver. They may permit the use of the vehicle for a period not exceeding 7 days, specifying the conditions of such use in the receipt. A permit cannot be issued in the cases referred to in paragraph 1, point 1, letter a). a and c, as well as in paragraph 1a, point 1, letters a and c, and point 6.
3.
(repealed)
3a.
The relevant authorities of the Police, Border Guard, or the National Fiscal Administration will notify the competent director of the tax administration chamber of the fact of retaining a registration certificate in the event of reasonable suspicion referred to in paragraph 1. 1 point 4, if it concerns the vehicle's compliance with the technical requirements specified in the provisions of the Act of 11 March 2004 on Goods and Services Tax.
4.
In the case specified in 1 point 1, and if the registration certificate (temporary permit) is found to be damaged to the extent that it becomes illegible, or if there is reasonable suspicion that the registration certificate (temporary permit) has been forged or tampered with, the registration certificate (temporary permit) will also be seized by the body authorized to conduct technical inspections. The seized document will be immediately sent to the authority that issued it. The provision of 2 shall apply accordingly.
5.
A seized vehicle document for a vehicle registered abroad, except in the cases specified in paragraph 1a, points 4 and 6, shall be left at a Police, Border Guard, or National Fiscal Administration unit for a period of 7 days. After this period, the document shall be forwarded to the representative office of the country where the vehicle is registered.
5a.
A seized vehicle document, referred to in Article 73Vehicle Registration paragraph 3, shall be immediately sent to the authority that issued it. The retained document is returned immediately after the reason for its retention ceases.
6.
After the reason justifying the retention of the registration certificate (temporary permit) has ceased and after providing information about the cessation of this reason and presenting the receipt referred to in Article 38documents required from the vehicle driver paragraph 1 item 4b letter b. b, by the holder of a retained registration certificate (temporary permit) to the authority that retained the registration certificate (temporary permit) or to the authority that issued it, this authority shall forward to the Central Register of Vehicles information on the return of the retained registration certificate (temporary permit).
6a.
Return of the retained registration certificate (temporary permit) in the cases referred to in par. 1 points 1 and 2 may also be returned by an entity authorized to conduct technical inspections after conducting a technical inspection corresponding to the reason for the detention, and in the case of an incorrectly set date for the technical inspection – after rescheduling it, by submitting information about the return to the Central Register of Vehicles.
7.
In the case of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland, the returned document shall be returned immediately after the reason justifying its detention ceases to exist, subject to Article 133Return of the withheld registration certificate (temporary permit).
8.
In the case referred to in paragraph 4, the retained document shall be returned immediately after the reason justifying its retention ceases to exist.
On the date of implementation of solutions enabling the application of the provisions of the Act – specified by the minister responsible for computerization in consultation with the minister responsible for internal affairs in a communiqué published in Monitor Polski - Art. 132Grounds for Retaining a Registration Certificate (Temporary Permit) will read as follows:
1.
A Police officer, Border Guard officer, or Customs and Tax Service officer will retain a registration certificate (temporary permit) if:
1)
it is determined or reasonably suspected that the vehicle:
a) poses a safety hazard, particularly after a road accident in which essential load-bearing components of the bodywork, chassis, or frame have been damaged,
b) endangers traffic,
c) violates environmental protection requirements;
2)
confirmation that the vehicle was not subjected to a technical inspection within the specified period or the inspection date was not set correctly;
3)
confirmation that the technical inspection was performed by an unauthorized entity;
4)
reasonable suspicion that the data regarding the registration certificate (temporary permit) contained in the Central Vehicle Register does not correspond to the factual situation.
1a.
A police officer, Border Guard officer, or Customs and Tax Service officer will retain the registration certificate (temporary permit) of a driver of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland if:
1)
it is found or reasonably suspected that the vehicle:
a) poses a safety hazard, especially after a road accident in which essential load-bearing elements of the bodywork, chassis, or frame have been damaged,
b) poses a threat to traffic order,
c) violates environmental protection requirements;
2)
confirmation that the vehicle was not subjected to a technical inspection within the specified time or the inspection date was not set correctly;
3)
confirmation that the registration certificate (temporary permit) has been damaged to the extent that it is illegible;
4)
reasonable suspicion of forgery or tampering with the registration certificate (temporary permit);
5)
conclusion that the technical inspection was performed by an unauthorized entity;
6)
failure by the driver to produce a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for such insurance, if the vehicle is registered in a country referred to in Article 129Powers of Police Officers and Certain Entities During Road Traffic Checks paragraph 2 item 8 letter c;
7)
reasonable suspicion that the data contained therein does not correspond to the facts.
1aa.
In the case of the driver of a vehicle referred to in Article 73Vehicle registration paragraph 3, a police officer, Border Guard officer, or Customs and Tax Service officer will retain the registration certificate (temporary permit) in the cases referred to in paragraph 1a, points 1–5 and 7.
1b.
The retention referred to in paragraph 1 is effected by entering information about the seizure of the registration certificate (temporary permit) into the Central Vehicle Register.
1c.
The seizure referred to in paragraphs 1a and 1aa is effected by seizing the document presented.
2.
If the registration certificate (temporary permit) is seized, a police officer, Border Guard officer, or Customs and Tax Service officer shall issue a receipt to the driver. They may permit the use of the vehicle for a period not exceeding 7 days, specifying the conditions of such use in the receipt. A permit may not be issued in the cases referred to in paragraph 1, point 1, letters a and c, as well as in paragraph 1a, point 1, letters a and c, and point 6.
3.
(repealed)
3a.
The relevant Police, Border Guard, or National Tax Administration authorities will notify the competent director of the tax administration chamber of the fact that a registration certificate has been retained if they have reasonable suspicion as referred to in paragraph 1. 1 point 4, in a situation where it concerns the vehicle's compliance with the technical requirements specified in the provisions of the Act of 11 March 2004 on the tax on goods and services. (4. In the case specified in 1 point 1, the registration certificate (temporary permit) will also be retained by the entity authorized to conduct technical inspections. The provisions of 1b and 2 shall apply accordingly.
5.
A seized vehicle registration document for a vehicle registered abroad, except in the cases specified in paragraph 1a, points 4 and 6, shall be retained at a Police, Border Guard, or National Fiscal Administration unit for a period of 7 days. After this period, the document shall be forwarded to the representative office of the country where the vehicle is registered.
5a.
A seized vehicle registration document, referred to in Article 73Vehicle Registration paragraph 3, shall be immediately sent to the authority that issued it. The seized document shall be returned immediately after the reason justifying its seizure ceases to exist.
6.
After the reason justifying the seizure of the registration certificate (temporary permit) ceases to exist and after information about the cessation of this reason has been provided and the receipt referred to in Article 38Documents required from the vehicle driver, paragraph 1, point 4b, letter a) has been presented. b, by the holder of a retained registration certificate (temporary permit) to the authority that retained the registration certificate (temporary permit) or to the authority that issued it, this authority shall forward to the Central Register of Vehicles information on the return of the retained registration certificate (temporary permit).
6a.
Return of the retained registration certificate (temporary permit) in the cases referred to in par. 1 points 1 and 2 (and par. 4 may also be performed by an entity authorized to conduct technical inspections after conducting a technical inspection corresponding to the reason for the detention, and in the case of an incorrectly set date for the technical inspection – after rescheduling it, by submitting information about the return to the Central Register of Vehicles.
7.
In the case of a vehicle registered abroad participating in traffic on the territory of the Republic of Poland, the returned document shall be returned immediately after the reason justifying its detention ceases to exist, subject to Art. 133Return of the withheld registration certificate (temporary permit). (8. (repealed)
Article 132a. Grounds for Retention of Registration Documents
1.
The provisions of Article 132Grounds for Retention of Registration Certificates (Temporary Permits), paragraph 1a, points 1, 3, 4, and 7, shall apply accordingly to the professional registration certificate referred to in Article 80sVehicle Registration Certificate and Vehicle License Plates, paragraph 1.
2.
A police officer, Border Guard officer, or Customs and Tax Service officer also confiscates:
1)
a professional registration certificate – if the professional registration certificate is used by an unauthorized person;
2)
a blank professional registration certificate – if a test drive is performed with a blank professional registration certificate.
3.
If a professional registration certificate is retained, a police officer, Border Guard officer, or Customs and Tax Service officer issues a receipt. He may permit further use of the vehicle for a period of 24 hours, specifying the conditions of such use in the receipt. A permit cannot be issued in the cases referred to in paragraph 2, as well as in Article 132Grounds for retaining a registration certificate (temporary permit) paragraph 1 item 1 letter b. a and c.
4.
The relevant Police, Border Guard, or National Fiscal Administration authority shall immediately send the seized professional registration certificate or the seized blank professional registration certificate to the staroste who issued it.
Art. 133. Return of seized registration certificate (temporary permit)
1.
In the case specified in Art. 132Conditions for Retaining a Registration Certificate (Temporary Permit) paragraph 1a item 6. The relevant Police, Border Guard, or National Tax Administration authority shall return the retained document upon presentation of a document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner or proof of payment of the premium for such insurance.
2.
If the presented document confirming the conclusion of a compulsory third-party liability insurance contract for the vehicle owner indicates that such contract was not concluded before the registration certificate was retained, the condition for returning the retained document is the additional payment of a fee for failure to comply with the obligation to conclude an insurance contract specified in separate provisions.
Art. 134. Powers of the Military Police with respect to vehicles of the Armed Forces
In relation to vehicles of the Armed Forces of the Republic of Poland and other vehicles driven by soldiers on active military service, the powers and duties of police officers specified in Article 132Grounds for retaining a registration certificate (temporary permit) sections 1-2 and 5-7, Article 132aGrounds for retaining registration documents and in Article 133Return of retained registration certificate (temporary permit) are also exercised by soldiers of the Military Police.
Article 134a. Powers of the Road Transport Inspection and inspection authorities with respect to vehicles performing road transport
In relation to vehicles performing road transport within the meaning of the Act of 6 September 2001 on Road Transport, as well as in the case of an inspection referred to in Art. 129aroad inspection performed by inspectors of the Road Transport Inspection paragraph 1 points 2-4, the powers and obligations of police officers and police authorities specified in Art. 132grounds for retaining a registration certificate (temporary permit) paragraphs 1-2 and 5-7, Art. 132agrounds for retaining registration documents and in Art. 133the return of a retained registration certificate (temporary permit) is also performed by the inspectors of the Road Transport Inspection and the bodies of this inspection.
Chapter 3. Suspension of driving licenses and permits and the revocation and restoration of driving privileges
Art. 135. Suspension of driving license
1.
Policeman:
1)
will retain a driving license issued in Poland against receipt in the event of:
a) reasonable suspicion that the driver is in a state of intoxication or under the influence of alcohol or a substance having a similar effect to alcohol,
b) when the driving license has expired,
c) the driver has exceeded 24 points for violating road traffic regulations within a period of 5 years from the date of issuance of the referral to a re-education course referred to in Art . 99, paragraph 1, item 4, letter a of the Act of 5 January 2011 on vehicle drivers,
d) the driver has exceeded 20 points for violating road traffic regulations within a period of 1 year from the date of first issue of the driving license or it has been established, on the basis of final decisions, that within a period of 2 years from the date of first issue of the driving license he has committed an offence against road safety or three offences specified in Art. 86 causing a threat to road traffic safety § 1, 1a or 2, Art. 86b infringement of road traffic regulations by a driver of a motor vehicle § 1, Art. 87 driving a vehicle under the influence of alcohol or a similarly acting substance § 1, Art. 92a failure to comply with the speed limit by the driver § 2, Art. 92b violation of the overtaking ban , Art. 97a violation of prohibitions regarding driving across railway tracks or Art. 98 failure to exercise due caution by the vehicle driver on internal roads of the Act of 20 May 1971 - Code of Petty Offences (Journal of Laws of 2023 item 2119),
e) finding the lack of the document referred to in Art. 38 documents required from the vehicle driver § 1 item 3a or 4a, or driving a vehicle not equipped with an alcohol interlock in the case referred to in Art. 13 periods of validity of the driving license and requirements and limitations in the driving license , section 5 point 7 of the Act of 5 January 2011 on vehicle drivers,
f) committing three minor offences against road safety or one crime against road safety during the probationary period referred to in art. 91 of the probationary period of the Act of 5 January 2011 on vehicle drivers;
2)
will confiscate a driving license issued in Poland against receipt in the event of an act involving:
a) driving a vehicle at a speed exceeding the speed limit by more than 50 km/h in a built-up area, or
b) transporting persons in a number exceeding the number of seats specified in the registration certificate (temporary permit) or resulting from the structural purpose of the vehicle not subject to registration; the provision does not apply to the transport of persons by bus in public collective transport in municipal, district and provincial passenger transport within the meaning of the Act of 16 December 2010 on public collective transport (Journal of Laws of 2023, item 2778), provided that the vehicle provides standing spaces;
2a)
will retain a driving licence issued in the country against receipt if a roadside check reveals that a driver carrying out road transport to which the provisions 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) 2135/98 and repealing Council Regulation (EEC) No 3820/85 apply (OJ L 102, 11.04.2006, p. 1, as amended) or the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), done at Geneva on 1 July 1970, has, during the current daily driving time, carried out such transport using a vehicle fitted with a tachograph:
a) contrary to the obligation to record using the tachograph on the the record sheet or driver card, indications regarding the speed of the vehicle, driver activity or distance travelled,
b) using someone else’s driver card, using at least two of your own driver cards, using someone else’s record sheet, using several record sheets simultaneously,
c) using an unauthorised device, object or modified software enabling or causing the falsification or modification of data recorded by the tachograph,
d) if the tachograph has been disconnected;
3)
may retain a driving licence issued in the country against receipt in the event of a justified suspicion that the driver has committed a crime or offence for which a driving ban may be imposed.
2.
The provision of paragraph 1 point 2 letter b shall not apply if the number of persons transported in the manner referred to in this provision does not exceed:
1)
5 – when transported by bus;
2)
2 – when transported by passenger car, truck or trailer pulled by an agricultural tractor or slow-moving vehicle.
3.
The provision of paragraph 1 point 2 shall not apply if the vehicle driver committed the infringement referred to in this provision, acting in order to avert an immediate danger threatening an asset protected by law, if this danger could not have been avoided otherwise and the sacrificed asset in the form of road safety was of lower value than the asset saved.
4.
A receipt for the suspension of a driving licence for the reasons referred to in paragraph 1, point 1, letter b and point 3, entitles the holder to drive a vehicle within 7 days.
5.
A receipt for the seizure of a driving licence for the reasons referred to in paragraph 1, point 1, letters c and f, and points 2 and 2a, entitles the holder to drive a vehicle within 24 hours from the time of seizure.
6.
In the case referred to in paragraph 1 point 1 letter e, in the absence of the document referred to in art. 38 documents required from the driver of the vehicle paragraph 1 point 3a or 4a, the staroste shall issue the confiscated driving license by entering information on the return into the central register of drivers, after presenting the missing document.
Art. 135a. Suspension of a driving license issued by a country other than the Republic of Poland
1.
Policeman:
1)
will retain a driving licence issued by a country other than the Republic of Poland against receipt in the event of:
a) reasonable suspicion that the driver is in a state of intoxication or under the influence of alcohol or a substance having a similar effect to alcohol,
b) finding that the driving licence is damaged to the extent that it becomes illegible,
c) suspicion that the driving licence is forged or altered,
d) when the validity period of the driving licence has expired,
e) when a decision or order to withhold the driving licence has been issued in relation to the driver,
f) when a driving ban has been imposed on the driver or a decision has been issued to withdraw the right to drive,
g) the driver has exceeded the number of 24 driving points for violating road traffic regulations within a period of 5 years from the issuance of a referral to a re-education course referred to in Art. 99 referral for a check-up of qualifications, medical examination, psychological examination or re-education course par. 1 item 4 lit. and the Act of 5 January 2011 on Vehicle Drivers,
h) the vehicle driver has exceeded 20 points for violating road traffic regulations within a period of 1 year from the date of first issue of the driving license or it has been established, on the basis of final decisions, that within a period of 2 years from the date of first issue of the driving license he has committed an offence against road safety or three offences specified in Art. 86 causing a threat to road traffic safety § 1, 1a or 2, Art. 86b infringement of road traffic regulations by a motor vehicle driver § 1, Art. 87 driving under the influence of alcohol or a similarly acting substance § 1, Art. 92a failure to comply with the speed limit by the vehicle driver § 2, Art. 92b violation of the overtaking ban , Art. 97a violation of prohibitions regarding driving across railway tracks or Art. 98 failure to exercise due caution by the vehicle driver on internal roads of the Act of 20 May 1971 - Code of Petty Offences,
i) finding the lack of a document referred to in Art. 38 documents required from the vehicle driver, paragraph 1, point 3a or 4a, or driving a vehicle not equipped with an alcohol interlock in the case referred to in Art. 13 periods of validity of the driving license and requirements and restrictions in the driving licensesection 5 item 7 of the Act of 5 January 2011 on vehicle drivers,
j) committing three minor offences against road safety or one crime against road safety during the probation period referred to in art. 91 of the probation period of the Act of 5 January 2011 on vehicle drivers;
2)
will confiscate a driving license issued by a country other than the Republic of Poland against receipt in the event of discovering an act consisting in:
a) driving a vehicle at a speed exceeding the speed limit by more than 50 km/h in a built-up area, or
b) transporting persons in a number exceeding the number of seats specified in the registration certificate (temporary permit) or resulting from the structural purpose of the vehicle not subject to registration; the provision does not apply to the transport of persons by bus in public collective transport in municipal, district and provincial passenger transport within the meaning of the Act of 16 December 2010 on public collective transport, provided that the vehicle provides standing places;
2a)
will retain a driving licence issued by a country other than the Republic of Poland against receipt if it is discovered during a roadside check that a driver performing road transport to which the provisions 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) 2135/98 and repealing Council Regulation (EEC) No 3820/85 or the European Agreement concerning the work of crews of vehicles engaged in international road transport (AETR), concluded at Geneva on 1 July 1970, apply, during the current daily driving time performed that transport using a vehicle fitted with a tachograph:
a) contrary to the obligation to do so, by failing to record, using the tachograph on the record sheet or driver card, indications regarding the vehicle’s speed, driver activity or distance travelled,
b) using someone else’s driver card, using at least two of his/her own driver cards, using someone else's record sheet, using several record sheets at the same time,
c) using an unauthorised device, object or modified software enabling or causing the falsification or modification of data recorded by the tachograph,
d) if the tachograph has been disconnected;
3)
may retain a driving licence issued by a country other than the Republic of Poland against receipt in the event of a justified suspicion that the driver has committed a crime or offence for which a driving ban may be imposed.
2.
The provision of paragraph 1 point 2 letter b shall not apply if the number of persons transported in the manner referred to in this provision does not exceed:
1)
5 – when transported by bus;
2)
2 – when transported by passenger car, truck or trailer pulled by an agricultural tractor or slow-moving vehicle.
3.
The provision of paragraph 1 point 2 shall not apply if the vehicle driver committed the infringement referred to in this provision, acting in order to avert an immediate danger threatening an asset protected by law, if this danger could not have been avoided otherwise and the sacrificed asset in the form of road safety was of lower value than the asset saved.
4.
The driver referred to in Article 136, paragraph 3, is obligated to provide the road traffic control authority with a delivery address. If no delivery address is provided, the provisions of Article 40 , paragraphs 4 and 5 of the Code of Administrative Procedure, shall apply , and the driver shall be informed of this.
5.
A receipt for the suspension of a driving licence for the reasons referred to in paragraph 1, point 1, letters b–d and point 3, entitles the holder to drive a vehicle within 7 days.
6.
A receipt for the seizure of a driving licence for the reasons referred to in paragraph 1 point 1 letters g and j, as well as points 2 and 2a, entitles the holder to drive a vehicle within 24 hours from the moment of the seizure, and in the case referred to in art. 136 paragraph 3, the transfer of the seized driving licence by the Police to other authorities – within 72 hours.
7.
In the case referred to in paragraph 1 point 1 letter i, in the absence of the document referred to in art. 38 documents required from the driver of the vehicle paragraph 1 point 3a or 4a, the staroste shall issue the confiscated driving license upon presentation of the document.
Art. 135b. Procedure for suspending a driving license
1.
The suspension of a driving licence issued in the country takes place by entering information about the suspension into the central register of drivers immediately after the occurrence of the conditions specified in Article 135, paragraph 1, of the driving licence suspension .
2.
The suspension of a driving license issued by a country other than the Republic of Poland takes place by seizing the presented document immediately after the occurrence of the conditions specified in Article 135a, the suspension of a driving license issued by a country other than the Republic of Poland, paragraph 1,
Article 135b, the procedure for the suspension of a driving license on the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the Ministry of Justice by the minister responsible for computerization in consultation with the minister responsible for transport – will read as follows:
1.
The suspension of a driving licence issued in the country or a temporary electronic driving licence shall be effected by entering information about the suspension into the central register of drivers immediately after the occurrence of the conditions specified in Article 135, paragraph 1, of the driving licence suspension .
2.
A driving license issued by a country other than the Republic of Poland shall be suspended by seizing the document presented immediately upon the occurrence of the conditions specified in Article 135a, paragraph 1. 3. If, according to the data collected in the Central Register of Drivers, the person holds a valid driving license and a valid temporary electronic driving license, the authority competent in matters relating to driving licenses shall provide information on the suspension of that driving license. Transmitting data on the suspension of the driving license to the Central Register of Drivers shall result in the simultaneous automatic suspension of the temporary electronic driving license.
Art. 135c. Retention by a police officer of an invalidated driver qualification card
The police officer will retain the driver qualification card against receipt if it is invalidated.
Art. 136. Transfer of a confiscated driving license by the Police to other authorities
1.
In the case referred to in Article 135b , paragraph 1, the Police shall immediately, but no later than within 7 days from the date of the driving license seizure, notify the court competent to hear the petty offence case, the prosecutor or the district governor about the seizure of the driving license.
2.
In the case referred to in art. 135b procedure for seizure of driving license sec. 2, the seized document, except for the case specified in art. 135a seizure of driving license issued by a country other than the Republic of Poland sec. 1 point 1 letter c, shall be transferred by the Police immediately, but no later than within 7 days from the date of seizure of the document, according to its jurisdiction, to the court authorized to hear the petty offense case, the prosecutor or the staroste.
3.
If a driving license was issued by a country other than the Republic of Poland and the driver does not reside in its territory, the driving license shall be immediately surrendered to the district head responsible for the location of the road traffic violation. The district head shall immediately forward the confiscated driving license to the appropriate authority of the country where it was issued.
4.
If a blood or urine test is performed to assess sobriety or the content of a substance with an effect similar to alcohol:
1)
in the case referred to in Article 135b, paragraph 1, the procedure for the suspension of the driving license , information on the suspension of the driving license shall be provided together with the result of this examination; however, if the result of this examination is not obtained within 30 days from the date of the suspension of the driving license, information on its return shall be immediately entered into the Central Register of Drivers;
2)
in the case referred to in Article 135b , paragraph 2, the driving license shall be handed over together with the result of the examination; however, if the result of the examination is not obtained within 30 days from the date of the driving license being seized, it shall be immediately returned to the owner.
5.
In the case referred to in art. 135c, where a police officer retains a cancelled driver qualification card , the Police shall immediately transfer the retained driver qualification card, no later than within 7 days from the date of retention of the card, to the staroste who issued it.
Art. 136 , where the Police transfer a retained driving license to other authorities as of the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the MP by the minister responsible for computerization in consultation with the minister responsible for transport – shall read as follows: 1. In the case referred to in art. 135b, paragraph 1, the Police shall transfer information on the retention of a driving license or temporary electronic driving license to the central register of drivers and, in accordance with its jurisdiction:
1)
to the court authorized to hear the case of a petty offence or to the prosecutor – immediately, but no later than within 7 days from the date of confiscation of the driving license or temporary electronic driving license – in writing, recorded in paper or electronic form;
2)
to the staroste – immediately, but no later than on the day the driving license or temporary electronic driving license is suspended. 1a. The information referred to in par. 1 point 2 shall be transmitted to the staroste via the IT system supporting the central register of drivers by making it automatically available for downloading via an IT system enabling the performance of the tasks of the authorities competent to issue documents confirming the right to drive vehicles, referred to in art . 16a par. 1 of the Act of 5 January 2011 on vehicle drivers.
2.
In the case referred to in art. 135b procedure for seizure of driving license sec. 2, the seized document, except for the case specified in art. 135a seizure of driving license issued by a country other than the Republic of Poland sec. 1 point 1 letter c, shall be transferred by the Police immediately, but no later than within 7 days from the date of seizure of the document, according to its jurisdiction, to the court authorized to hear the petty offense case, the prosecutor or the staroste.
3.
If a driving license was issued by a country other than the Republic of Poland and the driver does not reside in its territory, the driving license shall be immediately surrendered to the district head responsible for the location of the road traffic violation. The district head shall immediately forward the confiscated driving license to the appropriate authority of the country where it was issued.
4.
If a blood or urine test is performed to assess sobriety or the content of a substance with an effect similar to alcohol:
1)
in the case referred to in Article 135b, paragraph 1, the procedure for the suspension of the driving license , information on the suspension of the driving license shall be provided together with the result of this examination; however, if the result of this examination is not obtained within 30 days from the date of the suspension of the driving license, information on its return shall be immediately entered into the Central Register of Drivers;
2)
in the case referred to in Article 135b , paragraph 2, the driving license shall be handed over together with the result of the examination; however, if the result of the examination is not obtained within 30 days from the date of the driving license being seized, it shall be immediately returned to the owner.
5.
In the case referred to in Art. 135c, where a police officer retains an invalidated driver qualification card , the Police shall immediately, but no later than within 7 days from the date of the card's retention, forward the retained driver qualification card to the staroste who issued it.
Art. 137. Issuing a decision to suspend a driving license
1.
The decision to withhold the driving license, in the cases specified in art. 135 withholding of driving license , paragraph 1 point 1 letter a and point 3, and in art. 135a withholding of driving license issued by a country other than the Republic of Poland , paragraph 1 point 1 letter a and point 3, shall be issued within 14 days from the date of receipt of information on the withholding of the driving license or from the date of receipt of the driving license, respectively:
1)
the prosecutor - during the preparatory proceedings, and the court - after the case has been referred to the court;
2)
in a petty offence case - the court having jurisdiction to hear the case.
2.
The relevant staroste shall be notified of the issuance of a decision to suspend a driving licence.
3.
The decision to suspend a driving license may be appealed.
4.
If no decision on the suspension of the driving licence has been issued, the decision on the return of the suspended driving licence shall be issued by:
1)
the prosecutor, notifying the authority that seized the driving license;
2)
court, and in the case of a driving licence issued in the country, the court notifies the authority that issued the driving licence about the decision.
5.
The decision to return a confiscated driving licence shall be delivered to its owner.
6.
The return of a suspended driving license issued in the country is effected by entering information about the return into the central register of drivers:
1)
by the authority that detained it – after receiving notification of the prosecutor’s decision to return the detained driving licence or after presenting this decision;
2)
by the authority that issued it – after receiving notification of the court’s decision to return the confiscated driving license or after presenting this decision.
Art. 138. Repealed
Art. 139. Appropriate application of the provisions of the Act regarding driving licenses issued in the country
1.
The provisions of Article 135 on the suspension of a driving licence and Articles 135b–137 concerning a driving licence issued in Poland shall apply accordingly to the permit to drive a tram.
2.
The provision of Article 135 on the suspension of a driving license does not apply to heads and foreign staff of diplomatic missions, consular offices of foreign countries and special missions and international organizations enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognized international customs or on the basis of reciprocity, as well as to other persons enjoying these privileges and immunities.
3.
In relation to soldiers on active military service and other persons driving vehicles of the Armed Forces of the Republic of Poland, the powers and obligations of police officers specified in Article 135 , Confinement of Driving License , paragraph 1, Article 135a, Confinement of Driving License Issued by a State Other than the Republic of Poland, paragraph 1, Article 135b, Procedure for Confinement of Driving License , Article 136 , Transfer of Confined Driving License by the Police to Other Authorities , paragraphs 1 and 2, and Article 137, Issuance of an Order on Confinement of Driving License , paragraph 6, point 1, are also exercised by soldiers of the Military Gendarmerie.
4.
In the case of the control referred to in art. 129a roadside check performed by inspectors of the Road Transport Inspection par. 1, the powers and obligations of police officers specified in art. 135 confiscation of driving license par. 1, art. 135a confiscation of driving license issued by a country other than the Republic of Poland par. 1, art. 135b procedure for confiscating driving licenses , art. 135c confiscation of invalidated driver qualification card by a police officer , art. 136 transfer of confiscated driving license by the Police to other authorities par. 1, 2 and 5, and art. 137 issuing a decision on confiscating driving license par. 6 point 1 are also carried out by inspectors of the Road Transport Inspection in relation to vehicle drivers.
Art. 139 the appropriate application of the provisions of the Act concerning driving licenses issued in the country as of the date of implementation of technical solutions enabling the provision of services specified in the Act – announced in a communication in the Ministry of National Defence by the minister responsible for computerization in consultation with the minister responsible for transport – shall read as follows:
1.
The provisions of Article 135 on the suspension of a driving licence and Articles 135b–137 concerning a driving licence issued in Poland shall apply accordingly to the permit to drive a tram.
2.
The provision of Article 135 on the suspension of a driving license does not apply to heads and foreign staff of diplomatic missions, consular offices of foreign countries and special missions and international organizations enjoying diplomatic or consular privileges and immunities under laws, agreements or generally recognized international customs or on the basis of reciprocity, as well as to other persons enjoying these privileges and immunities.
3.
In relation to soldiers on active military service and other persons driving vehicles of the Armed Forces of the Republic of Poland, the powers and obligations of police officers specified in Article 135 , Confinement of Driving License , paragraph 1, Article 135a, Confinement of Driving License Issued by a State Other than the Republic of Poland, paragraph 1, Article 135b, Procedure for Confinement of Driving License , Article 136 , Transfer of Confined Driving License by the Police to Other Authorities , paragraphs 1 and 2, and Article 137, Issuance of an Order on Confinement of Driving License , paragraph 6, point 1, are also exercised by soldiers of the Military Gendarmerie.
4.
In the case of the control referred to in art. 129a roadside check performed by inspectors of the Road Transport Inspection par. 1, the powers and obligations of police officers specified in art. 135 confiscation of driving license par. 1, art. 135a confiscation of driving license issued by a country other than the Republic of Poland par. 1, art. 135b procedure for confiscating driving licenses , art. 135c confiscation of an invalidated driver qualification card by a police officer , art. 136 transfer of a confiscated driving license by the Police to other authorities par. 1, 2 and 5, and art. 137 issuance of an order to confiscate driving license par. 6 point 1 are also carried out in relation to drivers of vehicles by inspectors of the Road Transport Inspection. 5. The provisions of art. 130a removing the vehicle from the road at the expense of the owner par. 1 point 6, art. 135 confiscation of driving license par. 1 point 1 lit. and, points 2, 2a and 3, points 4 and 5, art. 136 transfer of a confiscated driving licence by the Police to other authorities , point 4, point 1 and art. 137 issuing a decision to confiscate a driving licence concerning a driving licence issued in the country shall apply accordingly to a temporary electronic driving licence.
Art. 140. Repealed
Art. 140a. Repealed
Chapter 4. Fines for the passage of oversized vehicles without a permit or in breach of the conditions specified in the permit
Article 140aa. Administrative decision to impose a fine
1.
For the passage of non -
standard vehicles on public roads without the permit referred to in Article 64 , paragraph 1, point 1, or in breach of the conditions specified for such a permit, a fine shall be imposed by way of an administrative decision.
1a.
In case of absence:
1)
the required number of vehicles performing escorting,
2)
required equipment or markings of the vehicle performing the escort,
3)
required training referred to in Art. 6, paragraph 3a, entities authorized to give signs and signals to traffic participants , by the pilot
- a fine is imposed by way of an administrative decision.
2.
The administrative decision to impose a fine referred to in paragraphs 1 and 1a is issued by the Police authority, Road Transport Inspectorate, Border Guard, head of the customs and tax office or road manager competent for the place of the inspection.
3.
The financial penalty referred to in paragraph 1 shall be imposed on:
1)
the entity performing the journey;
2)
an entity performing loading operations, if it performed these operations in a way that caused any of the dimensions, axle loads or total weight of the vehicle or vehicle combination to be exceeded in relation to the permissible values ​​or values ​​specified in the permit referred to in Art . 64 , paragraph 1, point 1, if the circumstances or evidence indicate that this entity had an influence on or consented to the occurrence of the infringement specified in paragraph 1;
3)
an entity performing activities other than those listed in point 2 related to the transport of an oversized vehicle, in particular a transport organizer, consignor, recipient or forwarder, if circumstances or evidence indicate that this entity had an influence on or consented to the occurrence of the infringement referred to in point 1.
3a.
The financial penalty referred to in paragraph 1a shall be imposed on:
1)
entity performing the journey – in the case referred to in paragraph 1a point 1;
2)
entity performing piloting – in the case referred to in paragraph 1a points 2 and 3.
3b.
The penalty referred to in par. 1 for the passage of a non-standard vehicle without a category V permit or with exceeded technical parameters of the vehicle indicated in this permit, in terms of the permissible load of a single driving axle, shall not be imposed if the inspector found a simultaneous violation of the prohibition referred to in art. 41 types of roads on which vehicles with a specific permissible load of a single driving axle can travel , par. 2 or art. 41a section 1 of the Act of 21 March 1985 on public roads, or exceeding the permissible load of a single driving axle, referred to in Art . 41b, section 1 or 3 of that Act.
4.
Proceedings to impose a fine, referred to in paragraph 1 and paragraph 1a point 1, against the entity performing the journey shall not be initiated, and the proceedings initiated in this case shall be discontinued if:
1)
the circumstances of the case and the evidence indicate that this entity:
a) exercised due diligence in carrying out the activities related to the journey,
b) had no influence on the occurrence of the infringement, or
2)
the actual total weight of the oversized vehicle does not exceed the permissible value or the value specified in the permit referred to in Article 64, paragraph 1, point 1, and the excess applies only to the axle load of the vehicle in the case of transporting bulk cargo and timber.
5.
No proceedings shall be initiated to impose a financial penalty, referred to in paragraph 1, against an entity performing the journey or other activities related to the road journey of vehicles of the Armed Forces of the Republic of Poland.
6.
In the event of detection of non-standard vehicles belonging to the Armed Forces of the Republic of Poland being driven on public roads without a permit or in breach of the conditions specified for such a permit, the control authority referred to in paragraph 2 shall notify the territorially competent Military Police authority for the place where the inspection was carried out.
7.
The Military Police authority referred to in paragraph 6 shall submit a request to the commander of the military unit organizing the road crossing or to his superior to initiate disciplinary proceedings, under the principles specified in the Act of 11 March 2022 on the Defense of the Homeland (Journal of Laws of 2024, items 248 and 834).
Art. 140ab. Amount of the fine
1.
The financial penalty referred to in Article 140aa of the Administrative Decision on the Imposition of a Financial Penalty, paragraph 1, shall be set at the following amount:
1.
PLN 1,500 - for lack of a category I permit;
2.
PLN 5,000 - for lack of a permit for categories II–IV;
3.
for lack of a category V permit:
a) PLN 6,000 – when the load on one or more axles, the actual total weight or the dimensions of the vehicle exceed the permissible values ​​by no more than 10%,
b) PLN 10,000 – when the load on one or more axles, the actual total weight or the dimensions of the vehicle exceed the permissible values ​​by more than 10% and no more than 20%,
c) PLN 15,000 – in other cases;
4.
PLN 5,000 - for the passage of an oversized vehicle over a bridge or viaduct without a confirmed notification to the road administrator, referred to in Art. 64c, category III-VI permit for the passage of an oversized vehicle, paragraph 9;
5.
PLN 3,000 - for the passage of an oversized vehicle over a bridge or viaduct contrary to the conditions specified by the road administrator, referred to in Art. 64c, category III-VI permit for the passage of an oversized vehicle, paragraph 9;
6.
PLN 6,000 - for the passage of an oversized vehicle over a bridge or viaduct in the event of an objection raised by the road administrator, referred to in Article 64c , paragraph 10;
7.
PLN 2,000 – for failure to meet the travel conditions specified for the category V permit or specified in this document, other than the technical parameters of the vehicle or vehicle combination.
2.
In the event of violation of the prohibition referred to in Article 64, paragraph 2, the same penalty shall be imposed for driving an oversized vehicle as for driving without a permit .
3.
The financial penalty referred to in Article 140aa of the Administrative Decision on the Imposition of a Financial Penalty, paragraph 1a, shall be set at the following amount:
1)
PLN 3,000 – for not having the required number of escort vehicles;
2)
PLN 2,000 – for lack of the required equipment or marking of the vehicle performing the escort;
3)
PLN 2,000 – for lack of the required training referred to in Article 6, paragraph 3a.
Art. 140ac. Appeal against a decision imposing a fine
1.
The decision to impose a financial penalty referred to in Article 140aa , administrative decision to impose a financial penalty , paragraphs 1 and 1a, may be appealed against to the body superior to the body that imposed the penalty, within 14 days of the date of service of the decision.
2.
A final decision is enforceable 30 days after its delivery, unless its enforcement has been stayed. The supervisory authority that issued the final decision shall, ex officio, stay its enforcement by issuing a non-appealable order if a complaint is filed with an administrative court.
3.
The fine is paid by bank transfer to the bank account specified in the decision. The costs associated with the transfer are borne by the obligated entity.
4.
The financial penalty referred to in paragraph 2 is subject to compulsory collection in accordance with the provisions of the Act of 17 June 1966 on enforcement proceedings in administration.
5.
The obligation to pay the fine referred to in paragraph 2 shall expire after 5 years from the end of the calendar year in which the fine should have been paid.
Art. 140ad. Bail in the amount of the anticipated fine
1.
If during an inspection, an infringement referred to in Article 140aa of the Administrative Decision on the Imposition of a Fine , paragraph 1, is found by a foreign entity established in a country with which the Republic of Poland is not bound by an agreement on the mutual enforcement of fines, the person conducting the inspection collects a deposit in the amount corresponding to the expected fine.
2.
The deposit is collected:
1)
during a roadside check - in cash, upon receipt on a pre-paid form, or by payment card;
2)
at a later date – in the form of a transfer to a separate bank account of the body conducting the administrative proceedings in the case of imposing a penalty, and in the case of collecting a deposit by the head of the customs and tax office – to a separate bank account of the tax office specified in separate provisions, with the costs of transfers being borne by the obligated entity.
3.
The deposit is kept in a non-interest-bearing bank account referred to in paragraph 2 point 2. The costs associated with paying the deposit by transfer to a bank account or by payment card - related to the authorization of the transaction and the transfer of funds to the appropriate bank account - are covered by the obligated entity.
4.
The deposit is transferred to:
1)
to the bank account specified in the decision imposing the penalty, within the time limit referred to in Article 140, paragraph 2, or
2)
to the bank account of the entity that paid it, within 7 days from the date on which the decision or ruling annulling the decision to impose a financial penalty becomes final.
5.
If the amount of the fine imposed is lower than the amount of the deposit collected, the provisions of paragraph 4, point 2 shall apply accordingly to the resulting difference.
6.
Liability for damage caused by the movement of oversized vehicles rests with the person driving the oversized vehicle.
7.
If during an inspection an infringement referred to in art. 140aa administrative decision imposing a fine par . 1 or 1a is found by the entity referred to in par. 1, the person carrying out the road inspection shall retain, against receipt, the documents concerning the passage of the oversized vehicle and the registration certificate (temporary permit) of the vehicle and remove the vehicle, at the expense of the entity carrying out the passage of the oversized vehicle, to the guarded parking lot referred to in art. 130a removing the vehicle from the road at the expense of the owner par. 5c, and if due to the dimensions or weight of the vehicle it is impossible to place the vehicle in this parking lot – to another, if possible, nearest guarded parking lot, if:
1)
no deposit was collected or
2)
the identified violation has not been removed.
Art. 140ae. Allocation of proceeds from fines
1.
The financial penalties referred to in Article 140aa of the administrative decision to impose a financial penalty , paragraphs 1 and 1a, shall be transferred to the budgets of local government units or to a separate bank account of the General Directorate for National Roads and Motorways, as appropriate.
2.
Funds from fines collected in a separate bank account of the General Directorate for National Roads and Motorways are transferred within the first 2 business days after the week in which they were received to the account of the National Road Fund, for the purpose of construction or reconstruction of national roads, road engineering structures and ferry crossings, as well as for the purchase of vehicle weighing devices.
3.
Customs and tax offices receive a commission on collected fines in the amount of 12% of the fine imposed.
4.
The commission referred to in paragraph 3 constitutes state budget income.
4a.
Provincial road transport inspectorates receive a commission on collected fines, equal to 12% of the imposed fine. This commission is a contribution from the Bus Transport Development Fund, referred to in the Act of 16 May 2019 on the Public Utility Bus Transport Development Fund (Journal of Laws of 2024, item 402).
5.
Customs and tax offices and provincial road transport inspectorates deduct a commission from the fines and transfer the remaining part of the fine, within 4 days after the expiry of each subsequent 10 days of the month, to the entities listed in paragraph 1, as appropriate.
Art. 140af. Proceeds from fines and penalties
1.
The fines referred to in art. 96 admission to driving a vehicle contrary to the provisions of the law § 3 of the Act of 20 May 1971 - Code of Petty Offences, collected by the Road Transport Inspection authorities, imposed on the owner or keeper of the vehicle, referred to in art. 78 documents provided to the buyer upon sale of the vehicle § 4 and 5 of the Act, constitute the proceeds of the Fund for the Development of Public Utility Bus Transport, referred to in the Act of 16 May 2019 on the Fund for the Development of Public Utility Bus Transport.
2.
The fines
referred to in art. 49 § 1 and 2 of the Act of 24 August 2001 - Code of Procedure in Petty Offences, collected by the Road Transport Inspection authorities, imposed on persons referred to in art. 78 § 4 and 5 of the Act, constitute the proceeds of the Fund for the Development of Public Utility Bus Transport, referred to in the Act of 16 May 2019 on the Fund for the Development of Public Utility Bus Transport.
Article 140ag. Allocation of fines imposed for violations of the provisions of the Act
1.
The fines referred to in Art. 86 causing a threat to road traffic safety , Art. 86b infringement of road traffic regulations by a driver of a motor vehicle , Art. 87 driving a vehicle under the influence of alcohol or a similarly acting substance , Art. 90 obstructing or hindering traffic on a public road, in a residential zone or traffic zone , Art. 92 failure to comply with road signs, road signals or instructions of a traffic controller , Art. 92a failure to comply with the speed limit by a vehicle driver § 2, Art. 92b violation of the overtaking ban , Art. 94 driving a vehicle without a license or driving a vehicle not admitted to traffic § 1-2, Art. 96 allowing a vehicle to be driven contrary to the provisions of the law § 1 points 2 and 3 and Art. 97a violating prohibitions on crossing railway tracks of the Act of 20 May 1971 – the Code of Petty Offences, constitute the revenue of the National Road Fund.
2.
The competent head of the tax office and the Chief Inspector of Road Transport shall transfer the amounts of the fines referred to in paragraph 1 within the first two business days after the end of the week in which they were received to the account of the National Road Fund for the purpose of financing:
1)
investment tasks related to improving road safety on national roads;
2)
construction or reconstruction of national roads.
Art. 140b. National Road Safety Council
1.
The National Road Safety Council, hereinafter referred to as the "National Council", is hereby established.
2.
The National Council operates under the minister responsible for transport as an inter-ministerial subsidiary body of the Council of Ministers in matters of road safety.
Art. 140c. Tasks of the National Road Safety Council
1.
The National Council determines directions and coordinates the activities of the government administration in matters of road safety.
2.
The tasks of the National Council in the field of improving road safety include in particular:
1)
proposing directions of state policy;
2)
developing road safety improvement programmes based on proposals presented by the relevant ministers and assessing their implementation;
3)
initiating scientific research;
4)
initiating and reviewing draft legal acts and international agreements;
5)
initiating the training of public administration personnel;
6)
initiating foreign cooperation;
7)
cooperation with relevant social organizations and non-governmental institutions;
8)
initiating educational and information activities;
9)
analyzing and evaluating the actions taken;
10)
determining, at least once every three years, the average socio-economic cost of a road accident in which a person is killed and the average socio-economic cost of a road accident in which a person is injured within the meaning of Article 156 § 1 or Article 157 § 1 of the Act of 6 June 1997 - Penal Code (Journal of Laws of 2024, item 17), occurring on the roads referred to in Art. 24ga , application of the provisions on road safety management , paragraph 1, points 1 and 2 of the Act of 21 March 1985 on public roads.
3.
When determining the average socio-economic cost of road accidents referred to in paragraph 2 point 10, the following shall be taken into account:
1)
loss of productivity due to deaths and injuries in road accidents;
2)
costs of treatment and rehabilitation of road accident victims;
3)
administrative costs of road accidents;
4)
material losses resulting from road accidents.
Art. 140d. Composition of the National Road Safety Council
The National Council consists of:
1)
Chairman - minister responsible for transport;
2)
Deputy Chairman:
a) secretary or undersecretary of state in the ministry responsible for internal affairs,
b) secretary or undersecretary of state in the ministry responsible for transport;
3)
secretary of the National Council appointed by the minister responsible for transport;
4)
members of the National Council appointed by: the Prime Minister from among the voivodes, the Minister of National Defence, the Minister of Justice and the ministers responsible for: public administration, budget, public finances, economy, construction, spatial planning and development and housing, climate, education and upbringing, environment, transport, internal affairs, labour, as well as the Chief Commander of the Police, the Chief Commander of the Fire Service, the General Director for National Roads and Motorways.
Art. 140e. Chairman of the National Road Safety Council
1.
The Chairman of the National Council directs its work and represents it externally.
2.
The Chairman of the National Council receives from ministers and other bodies whose representatives are members of the National Council:
1)
reports and information on the implementation of tasks specified in road safety programmes;
2)
information on the state of road safety, in particular information enabling the determination of the average socio-economic cost of accidents referred to in Article 140c of the tasks of the National Road Safety Council, paragraph 2, point 10.
3.
The Chairman of the National Council submits an annual report to the Council of Ministers by the end of March on the state of road safety and actions taken in this area.
4.
The Prime Minister submits an annual report to the Sejm, Senate and President by the end of April on the state of road safety and actions taken in this regard.
Art. 140f. Secretariat of the National Road Safety Council
1.
The National Council performs its tasks with the assistance of the National Council Secretariat.
2.
The Secretariat of the National Council operates as an internal organizational unit of the minister responsible for transport.
3.
The detailed organisation and procedure of the National Council's work are specified in the regulations adopted by way of a resolution at the first meeting of the National Council.
Art. 140g. Provincial Road Safety Council
1.
The Provincial Road Safety Council is hereby established, hereinafter referred to as the "Provincial Council".
2.
The Voivodeship Council operates under the voivodeship marshal as the voivodeship coordination team for road safety matters.
Art. 140h. Tasks of the Provincial Road Safety Council
1.
The Provincial Council coordinates and determines the directions of public administration activities in matters of road safety.
2.
The tasks of the Voivodeship Council within the scope referred to in paragraph 1 include in particular:
providing opinions on draft local legal acts in the field of road safety;
3)
approving the expenditure plan of provincial road traffic centers in the part intended for improving road safety;
4)
initiating the education of public administration staff and training in road safety;
5)
initiating inter-provincial cooperation;
6)
cooperation with relevant social organizations and non-governmental institutions;
7)
initiating educational and information activities;
8)
analyzing and evaluating the actions taken.
3.
The detailed organisation and procedure of work of the Provincial Council are specified in the regulations adopted by the council by way of a resolution.
Art. 140i. Composition of the Provincial Road Safety Council
The Provincial Council consists of:
1)
chairman - voivodeship marshal;
2)
deputy chairmen:
a) voivode,
b) voivodeship police commander;
3)
secretary - appointed by the voivodeship marshal;
4)
members of the Voivodeship Council:
a) the voivodeship road transport inspector,
b) the director of the competent local branch of the General Directorate for National Roads and Motorways,
c) a representative of the voivode,
d) a representative of the Head of the Central Military Recruitment Centre,
e) a representative of the education superintendent,
f) a
representative of the voivodeship board, g) a representative of the district boards,
h) a representative of commune heads, mayors or city presidents,
i) a representative of the voivodeship commander of the Police,
j) a representative of the voivodeship commander of the State Fire Service,
k) a representative of the voivodeship roads board,
l) a representative of voivodeship road traffic centers,
m) a representative of the district road boards,
n) persons indicated by the voivodeship marshal, in particular those representing non-governmental organisations operating in the voivodeship whose statutory objective is road safety, whereas the voivodeship marshal may indicate no more than 12 persons.
Art. 140j. Chairman of the Provincial Road Safety Council
1.
The Chairman of the Provincial Council directs its work and represents it externally.
2.
The Chairman of the Provincial Council receives from the bodies whose representatives are members of the Provincial Council:
1)
reports and information on the implementation of tasks specified in road safety programmes;
2)
information on the state of road safety.
3.
The Chairman of the Voivodeship Council submits an annual report to the Chairman of the National Council by the end of January on the state of road safety in the voivodeship and the activities carried out in this regard.
Article 140k. Services of the Provincial Road Safety Council
The Provincial Road Traffic Centre, designated by the Voivodeship Marshal, provides services to the Provincial Council.
Art. 140l. Participation in the work of the National Council and the Provincial Road Safety Council
The following persons may participate in the work of the National Council and the Provincial Council with an advisory vote:
1)
representatives of non-governmental organizations whose statutory scope of activity includes road safety issues;
2)
research workers at universities or research and development units;
3)
independent experts.
Art. 140m. Repealed
Art. 140ma. Financial penalty for violation of the provisions of the Act by an authorized entity
1.
An authorized entity that:
1)
failed to return to the staroste, within the time limit referred to in Article 80y, paragraph 1, blank professional registration certificates, professional registration certificates and professional registration plates (plates), shall be subject to a fine of PLN 3,000;
2)
does not maintain the list
referred to in Article 80x, paragraph 1, shall be subject to a fine of PLN 5,000.
2.
An authorized entity whose professional registration certificate has been confiscated three times during a given calendar year shall be subject to a fine of PLN 2,000.
Art. 140mb. Failure to submit an application for vehicle registration
1.
Anyone who, being the owner of a vehicle and obliged to submit an application for vehicle registration
within the deadline referred to in Article 73aa , paragraph 1, fails to submit the application within the deadline, shall be subject to a fine of PLN 500.
2.
Anyone who, being the owner of a vehicle and obliged to submit an application for vehicle registration
within the deadline referred to in Article 73aa, paragraph 3, fails to submit the application within the deadline, shall be subject to a fine of PLN 1,000.
3.
Whoever, being the owner of a vehicle obliged to submit an application for vehicle registration, despite being requested to do so, fails to rectify the deficiencies in the submitted application within the prescribed time limit shall be subject to a fine referred to in paragraph 1 or 2, as appropriate.
4.
The fine referred to in paragraph 3 shall not be imposed if the deadline for rectifying the deficiencies in the submitted application for vehicle registration expires before the deadline referred to in Article 73aa, paragraph 1 or 3, respectively.
5.
In the event of failure to submit an application for vehicle
registration within 180 days from the date referred to in Article 73aa, paragraph 1 or 2, the financial penalty referred to in:
1)
in paragraph 1, the fine is imposed in the amount of PLN 1,000;
2)
in paragraph 2, shall be imposed in the amount of PLN 2,000.
6.
Whoever, being the owner of a vehicle registered in the territory of the Republic of Poland, contrary to the provisions of Article 78 , paragraph 2, point 1, fails to notify the staroste of the sale of the vehicle in due time, shall be subject to a fine of PLN 250.
7.
The co-owners of the vehicle are jointly and severally liable for financial penalties.
Art. 140n. Imposition of fines
1.
Financial penalties, in cases specified in Article 140ma for a financial penalty for a breach of the provisions of the Act by an authorized entity and Article 140mb for failure to comply with the obligation to submit an application for vehicle registration , are imposed by way of an administrative decision.
2.
The fines referred to in Article 140ma ( fine penalty for violation of the provisions of the Act by an authorized entity) and Article 140mb (failure to comply with the obligation to submit an application for vehicle registration ) are imposed by the staroste.
2a.
(repealed)
3.
The financial penalties referred to in Article 140ma ( fine penalty for violation of the provisions of the Act by an authorized entity) and Article 140mb (failure to comply with the obligation to submit an application for vehicle registration ) constitute the district's income.
3a.
(repealed)
4.
(repealed)
5.
Fines are paid into a separate bank account of the district office within 14 days from the date on which the decision to impose a fine becomes final.
6.
To the fines referred to in Article 140ma and article 140mb , the provisions of Articles 189d-189f of the Act of 14 June 1960 - the Code of Administrative Procedure shall not apply.
7.
If the act constituting a violation referred to in Article 140mb, i.e. failure to submit an application for vehicle registration , also constitutes an offence, only the provisions on administrative liability shall apply to the entity being a natural person.
Art. 140o. Request to limit the processing of personal data
Making a request referred to in art. 18 right to restrict data processing par. 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, 4.05.2016, p. 1, as amended), does not affect the course and outcome of the checks referred to in art. 129 powers of police officers and certain entities during road traffic checks par. 1, 4 and 4a, art. 129a roadside check performed by Road Transport Inspection inspectors par. 1, art. 129b roadside check performed by municipal (city) guards par. 1, art. 129c traffic control in forests or national parks, paragraph 1, and Art. 129d road control performed by persons acting on behalf of the road manager , paragraph 1, nor the power of the competent authority to impose a penalty.
Art. 141. Amendment to the Act - Petty Offences Code
In the Act of 20 May 1971 - Petty Offences Code (Journal of Laws, item 114, as amended): (changes omitted).
Art. 142. Amendment to the Act - Provisions introducing the Code of Procedure in Petty Offence Cases
In the Act of 20 May 1971 - Provisions introducing the Code of Procedure in Petty Offence Cases (Journal of Laws, item 117, of 1985, item 100 and of 1991, item 321): (amendments omitted).
Art. 143. Amendments to the Act on Economic Activity
In the Act of 23 December 1988 on economic activity (Journal of Laws, item 324, as amended): (changes omitted).
Art. 144. Repealed
Art. 145. Transitional provision
1.
Training centres or schools providing training to persons applying for driving licences on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act for a period of 1 year from the date of its entry into force.
2.
Persons performing the activities of instructors or lecturers in training centres or schools on the date of entry into force of the Act on the basis of the existing provisions may conduct training for persons applying for driving licences within the scope they previously held, if they meet the requirements referred to in Article 105, repealed paragraph 2, points 1, 2, 6 and 7, and provided that they pass the examination referred to in Article 105, repealed paragraph 2, point 5 within 6 months of the date of entry into force of the Act.
3.
Examination centres in which the qualifications of persons applying for driving licences and driving vehicles are checked on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act for a period of 6 months from the date of entry into force of the Act.
4.
Individuals performing examiner duties on the date the Act enters into force under the existing provisions are deemed to meet the requirements specified in the Act. These individuals may perform their duties for a period of 10 months from the date the Act enters into force under a mandate contract.
5.
Vehicle inspection stations operating on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act within the time limits specified in the authorizations issued to them.
6.
Persons performing diagnostic activities on the date of entry into force of the Act on the basis of the existing provisions are deemed to meet the requirements specified in the Act.
Art. 146. Transitional provision
1.
The voivode will establish a voivodeship road traffic centre within 6 months from the date of entry into force of the Act.
2.
Once the centre referred to in paragraph 1 is established, fees for state driving licence examinations and tram driving permits are transferred to its account.
3.
Until the centre begins to independently conduct state examinations checking the qualifications of persons applying for a driving licence and drivers, the costs of conducting examinations in the centres referred to in Article 145 , transitional provision , paragraph 3, shall be financed from the revenue from the fees referred to in paragraph 2.
4.
The voivode is authorized to grant the voivodeship road traffic center a one-off loan for investment purposes for a period not exceeding 2 years.
Art. 147. Transitional provision
1.
Persons aged 17 to 18 applying for a category B+E driving licence who have completed the required training or are participating in it on 1 July 1999 are deemed to meet the requirements set out in Article 90, repealed paragraph 2, point 3.
2.
Applicants for a category C or D driving licence who have completed the required training or are participating in it on 1 July 1999 are deemed to meet the requirements referred to in Article 88, paragraph 4,
repealed .
Art. 148. Transitional provision
1.
Permits for the use of vehicles as emergency vehicles issued before the date of entry into force of the Act remain valid until 15 January 1998.
2.
Permits to carry out tests on installations adapting vehicles to gas fuelling and the method of their installation, issued before the date of entry into force of the Act, shall remain valid until 31 March 1998.
3.
Permits for exemption from compliance with certain road signs issued before the date of entry into force of the Act shall remain valid until 31 March 1998.
Article 148a. Transitional provision
1.
Until 1 January 2026, the circulation of electric vehicles referred to in Article 2 is permitted point 12 of the Act of 11 January 2018 on electromobility and alternative fuels, and hydrogen-powered vehicles referred to in Art. 2 point 15 of this Act, along the bus lanes designated by the road manager.
2.
The road manager may make the movement of electric vehicles in designated bus lanes dependent on the number of people using these vehicles.
Art. 148b. Transitional provision
1.
From 1 July 2018 to 31 December 2019, electric vehicles and hydrogen-powered vehicles are marked with a sticker indicating the type of fuel used to propel them, placed on the vehicle's windscreen according to the template specified in the provisions issued pursuant to Art. 76 of the Regulation on the conditions and procedure for registration of vehicles and the distribution of blank forms , paragraph 1, point 1.
2.
The sticker referred to in paragraph 1 is issued by the commune head, mayor or city president competent for the place of residence or registered office of the vehicle owner.
Art. 149. Transitional provision
The minister responsible for transport, in consultation with the Minister of National Defence, the minister responsible for internal affairs and the Minister of Justice, guided by the need to ensure stable trade in motor vehicles, may determine, by way of a regulation:
1)
the obligation to obtain a vehicle card by owners of vehicles registered before the date referred to in Article 152 , entry into force of the Act, point 3;
2)
conditions, deadlines and procedure for obtaining a vehicle card by the persons referred to in point 1, the authorities competent to issue them, the documents used in these matters and the fee for issuing a vehicle card.
Art. 150. Transitional provision
1.
Driving licenses and other documents authorizing the holder to drive vehicles or confirming additional qualifications and requirements for vehicle drivers, issued under the existing regulations, remain valid until they are replaced at the expense of the authorized person to the extent for which they were issued.
2.
The minister responsible for transport, taking into account all documents entitling to drive issued before the date of entry into force of the Act and the costs related to their replacement, shall determine, by way of a regulation, the conditions and deadlines for the replacement of driving licenses and other documents entitling to drive vehicles or confirming additional qualifications of drivers and the amount of fees for their replacement.
Art. 151. Repeal of the Act of 1 February 1983 - Road Traffic Law
1.
The Act of 1 February 1983 - Road Traffic Law (Journal of Laws of 1992, item 41 and item 114 and of 1995, item 515) shall become null and void, with the exception of Art. 60 prohibitions related to the marking and use of vehicles , Art. 69-70 and Art. 72-82, which shall become null and void as of 30 June 1999.
2.
Until the implementing regulations provided for in the Act are issued, but no longer than for a period of 18 months from the date of its entry into force, the regulations issued on the basis of the Act referred to in paragraph 1 shall remain in force, provided that they are not inconsistent with this Act.
Art. 152. Entry into force of the Act
The Act comes into force on 1 January 1998, except for:
1)
Article 49 prohibitions on stopping and parking vehicles, paragraph 2 point 5, Article 80 prohibition on entrusting certain tasks and competences to municipalities by way of agreement , Article 99 repealed and Article 109 repealed paragraph 4, which enter into force on 1 July 1998;
2)
Article 39, paragraph 3, on the obligation to use seat belts , and Article 85, on technical inspections of trams and trolleybuses , which enter into force on 1 January 1999;
3)
Article 74 temporary vehicle registration, paragraph 2, point 2, letter a, Article 77 repealed , Article 87 repealed , Article 88 repealed , Articles 90-98 and Articles 100-108, which enter into force on 1 July 1999.
---------- [The Act was announced on 19 August 1997 - Journal of Laws of 1997, item 602]
Section 5a. Road safety activities
Art. 140b. National Road Safety Council
1.
The National Road Safety Council, hereinafter referred to as the "National Council", is hereby established.
2.
The National Council operates under the minister responsible for transport as an inter-ministerial subsidiary body of the Council of Ministers in matters of road safety.
Art. 140c. Tasks of the National Road Safety Council
1.
The National Council determines directions and coordinates the activities of the government administration in matters of road safety.
2.
The tasks of the National Council in the field of improving road safety include in particular:
1)
proposing directions of state policy;
2)
developing road safety improvement programmes based on proposals presented by the relevant ministers and assessing their implementation;
3)
initiating scientific research;
4)
initiating and reviewing draft legal acts and international agreements;
5)
initiating the training of public administration personnel;
6)
initiating foreign cooperation;
7)
cooperation with relevant social organizations and non-governmental institutions;
8)
initiating educational and information activities;
9)
analyzing and evaluating the actions taken;
10)
determining, at least once every three years, the average socio-economic cost of a road accident in which a person is killed and the average socio-economic cost of a road accident in which a person is injured within the meaning of Article 156 § 1 or Article 157 § 1 of the Act of 6 June 1997 - Penal Code (Journal of Laws of 2024, item 17), occurring on the roads referred to in Art. 24ga , application of the provisions on road safety management , paragraph 1, points 1 and 2 of the Act of 21 March 1985 on public roads.
3.
When determining the average socio-economic cost of road accidents referred to in paragraph 2 point 10, the following shall be taken into account:
1)
loss of productivity due to deaths and injuries in road accidents;
2)
costs of treatment and rehabilitation of road accident victims;
3)
administrative costs of road accidents;
4)
material losses resulting from road accidents.
Art. 140d. Composition of the National Road Safety Council
The National Council consists of:
1)
Chairman - minister responsible for transport;
2)
Deputy Chairman:
a) secretary or undersecretary of state in the ministry responsible for internal affairs,
b) secretary or undersecretary of state in the ministry responsible for transport;
3)
secretary of the National Council appointed by the minister responsible for transport;
4)
members of the National Council appointed by: the Prime Minister from among the voivodes, the Minister of National Defence, the Minister of Justice and the ministers responsible for: public administration, budget, public finances, economy, construction, spatial planning and development and housing, climate, education and upbringing, environment, transport, internal affairs, labour, as well as the Chief Commander of the Police, the Chief Commander of the Fire Service, the General Director for National Roads and Motorways.
Art. 140e. Chairman of the National Road Safety Council
1.
The Chairman of the National Council directs its work and represents it externally.
2.
The Chairman of the National Council receives from ministers and other bodies whose representatives are members of the National Council:
1)
reports and information on the implementation of tasks specified in road safety programmes;
2)
information on the state of road safety, in particular information enabling the determination of the average socio-economic cost of accidents referred to in Article 140c of the tasks of the National Road Safety Council, paragraph 2, point 10.
3.
The Chairman of the National Council submits an annual report to the Council of Ministers by the end of March on the state of road safety and actions taken in this area.
4.
The Prime Minister submits an annual report to the Sejm, Senate and President by the end of April on the state of road safety and actions taken in this regard.
Art. 140f. Secretariat of the National Road Safety Council
1.
The National Council performs its tasks with the assistance of the National Council Secretariat.
2.
The Secretariat of the National Council operates as an internal organizational unit of the minister responsible for transport.
3.
The detailed organisation and procedure of the National Council's work are specified in the regulations adopted by way of a resolution at the first meeting of the National Council.
Art. 140g. Provincial Road Safety Council
1.
The Provincial Road Safety Council is hereby established, hereinafter referred to as the "Provincial Council".
2.
The Voivodeship Council operates under the voivodeship marshal as the voivodeship coordination team for road safety matters.
Art. 140h. Tasks of the Provincial Road Safety Council
1.
The Provincial Council coordinates and determines the directions of public administration activities in matters of road safety.
2.
The tasks of the Voivodeship Council within the scope referred to in paragraph 1 include in particular:
providing opinions on draft local legal acts in the field of road safety;
3)
approving the expenditure plan of provincial road traffic centers in the part intended for improving road safety;
4)
initiating the education of public administration staff and training in road safety;
5)
initiating inter-provincial cooperation;
6)
cooperation with relevant social organizations and non-governmental institutions;
7)
initiating educational and information activities;
8)
analyzing and evaluating the actions taken.
3.
The detailed organisation and procedure of work of the Provincial Council are specified in the regulations adopted by the council by way of a resolution.
Art. 140i. Composition of the Provincial Road Safety Council
The Provincial Council consists of:
1)
chairman - voivodeship marshal;
2)
deputy chairmen:
a) voivode,
b) voivodeship police commander;
3)
secretary - appointed by the voivodeship marshal;
4)
members of the Voivodeship Council:
a) the voivodeship road transport inspector,
b) the director of the competent local branch of the General Directorate for National Roads and Motorways,
c) a representative of the voivode,
d) a representative of the Head of the Central Military Recruitment Centre,
e) a representative of the education superintendent,
f) a
representative of the voivodeship board, g) a representative of the district boards,
h) a representative of commune heads, mayors or city presidents,
i) a representative of the voivodeship commander of the Police,
j) a representative of the voivodeship commander of the State Fire Service,
k) a representative of the voivodeship roads board,
l) a representative of voivodeship road traffic centers,
m) a representative of the district road boards,
n) persons indicated by the voivodeship marshal, in particular those representing non-governmental organisations operating in the voivodeship whose statutory objective is road safety, whereas the voivodeship marshal may indicate no more than 12 persons.
Art. 140j. Chairman of the Provincial Road Safety Council
1.
The Chairman of the Provincial Council directs its work and represents it externally.
2.
The Chairman of the Provincial Council receives from the bodies whose representatives are members of the Provincial Council:
1)
reports and information on the implementation of tasks specified in road safety programmes;
2)
information on the state of road safety.
3.
The Chairman of the Voivodeship Council submits an annual report to the Chairman of the National Council by the end of January on the state of road safety in the voivodeship and the activities carried out in this regard.
Article 140k. Services of the Provincial Road Safety Council
The Provincial Road Traffic Centre, designated by the Voivodeship Marshal, provides services to the Provincial Council.
Art. 140l. Participation in the work of the National Council and the Provincial Road Safety Council
The following persons may participate in the work of the National Council and the Provincial Council with an advisory vote:
1)
representatives of non-governmental organizations whose statutory scope of activity includes road safety issues;
2)
research workers at universities or research and development units;
3)
independent experts.
Section 5b. Fines
Art. 140m. Repealed
Art. 140ma. Financial penalty for violation of the provisions of the Act by an authorized entity
1.
An authorized entity that:
1)
failed to return to the staroste within the deadline referred to in Art. 80yObligations of an entity operating in the field of production, distribution, testing of vehicles, vehicle equipment or parts, paragraph 1, blank professional registration certificates, professional registration certificates, and professional registration plates, shall be subject to a fine of PLN 3,000;
2)
does not maintain the list referred to in Article 80xList of vehicles used by a given entity, paragraph 1, shall be subject to a fine of PLN 5,000.
2.
An authorized entity whose professional registration certificate has been confiscated three times in a given calendar year shall be subject to a fine of PLN 2,000.
Art. 140mb. Failure to submit an application for vehicle registration
1.
Whoever, being a vehicle owner obliged to submit an application for vehicle registration within the deadline referred to in Art. 73aaDeadline for submitting an application for vehicle registration paragraph 1, fails to submit such application within the deadline shall be subject to a fine of PLN 500.
2.
Whoever, being a vehicle owner obliged to submit an application for vehicle registration within the deadline referred to in Art. 73aaDeadline for submitting an application for vehicle registration paragraph 3, failing to submit the application by the deadline shall be subject to a fine of PLN 1,000.
3.
Whoever, being the owner of a vehicle obliged to submit an application for vehicle registration, despite being requested to do so, fails to rectify the deficiencies in the submitted application within the specified time limit shall be subject to the fine referred to in paragraph 1 or 2, as appropriate.
4.
The fine referred to in paragraph 3, shall not be imposed if the deadline for rectifying the deficiencies in the submitted vehicle registration application expires before the deadline referred to in Art. 73aaDeadline for submitting an application for vehicle registration, paragraph 1 or 3, respectively.
5.
In the event of failure to submit an application for vehicle registration within 180 days of the date referred to in Art. 73aaDeadline for submitting an application for vehicle registration, paragraph 1 or 2, respectively, the fine referred to:
1)
in paragraph 1, shall be imposed in the amount of PLN 1,000;
2)
in par. 2, shall be imposed in the amount of PLN 2,000.
6.
Whoever, being the owner of a vehicle registered in the territory of the Republic of Poland, contrary to the provisions of Article 78documents provided to the buyer upon sale of the vehicle par. 2 point 1, fails to notify the starosta of the sale of the vehicle within the deadline, shall be subject to a fine of PLN 250.
7.
The co-owners of the vehicle shall bear the fine jointly and severally.
Art. 140n. Imposition of fines
1.
Financial penalties, in cases specified in Art. 140mafine penalty for violation of the provisions of the Act by an authorized entity and Art. 140mbfailure to comply with the obligation to submit an application for vehicle registration, are imposed by way of an administrative decision.
2.
Financial penalties referred to in Art. 140mafine for violation of the provisions of the Act by an authorized entity and Art. 140mbfailure to comply with the obligation to submit an application for vehicle registration, are imposed by the starosta.
2a.
(repealed)
3.
The financial penalties referred to in Art. 140mafine for violation of the provisions of the Act by an authorized entity and Art. 140mbfailure to submit a vehicle registration application constitutes district income.
3a.
(repealed)
4.
(repealed)
5.
Fine payments are made to a separate bank account of the district office, within the deadline. 14 days from the date on which the decision to impose a fine becomes final.
6.
The fines referred to in Article 140ma and Article 140mb , the provisions of Articles 189d-189f of the Act of 14 June 1960 - the Code of Administrative Procedure shall not apply.
7.
If the act constituting a violation referred to in Art. 140mbfailure to comply with the obligation to submit an application for vehicle registration also meets the characteristics of an offense, only the provisions on administrative liability shall apply to an entity that is a natural person.
Section 5c. Processing of personal data
Art. 140o. Request to restrict the processing of personal data
Making a request referred to in Art. 18Right to restrict data processing paragraph 1 of Regulation (EU) 2016/679 of the European Parliament and of the Council of 27 April 2016 on the protection of natural persons with regard to the processing of personal data and on the free movement of such data, and repealing Directive 95/46/EC (General Data Protection Regulation) (OJ EU L 119, 4.05.2016, p. 1, as amended), does not affect the course and outcome of the checks referred to in Art. 129Powers of a police officer and certain entities during road traffic checks paragraph 1, 4 and 4a, Art. 129aroad inspection performed by inspectors of the Road Transport Inspection par. 1, Art. 129broad inspection performed by municipal (city) guards par. 1, Art. 129ctraffic inspection in forests or national parks par. 1 and Art. 129droad inspection performed by persons acting on behalf of the road manager par. 1, nor the power of the competent authority to impose a penalty.
Section 6. Changes to existing regulations, episodic, transitional and final provisions
Art. 141. Amendment to the Act - Petty Offences Code
In the Act of 20 May 1971 - Petty Offences Code (Journal of Laws, item 114, as amended): (amendments omitted).
Art. 142. Amendment to the Act - Provisions introducing the Petty Offences Code
In the Act of 20 May 1971 - Provisions introducing the Petty Offences Code (Journal of Laws, item 117, of 1985, item 100, and of 1991, item 321): (amendments omitted).
Art. 143. Amendment to the Act on Economic Activity
In the Act of 23 December 1988 on Economic Activity (Journal of Laws, item 324, as amended): (amendments omitted).
Art. 144. Repealed
Art. 145. Transitional provision
1.
Training centers or schools providing training to persons applying for driving licenses on the date of entry into force of the Act under the existing provisions are deemed to meet the requirements specified in the Act for a period of 1 year from the date of its entry into force.
2.
Persons performing the duties of instructors or lecturers in training centers or schools on the date of entry into force of the Act under the existing provisions may provide training to persons applying for driving licenses within the scope they previously held if they meet the requirements referred to in Art. 105repealed sec. 2 points 1, 2, 6 and 7, and provided that the examination referred to in Art. 105repealed sec. is passed within 6 months from the date of entry into force of the Act. 2 point 5.
3.
Examination centers where the qualifications of persons applying for driving licenses and driving vehicles on the date of entry into force of the Act are checked under the existing provisions are deemed to meet the requirements specified in the Act for a period of 6 months from the date of entry into force of the Act.
4.
Persons performing the duties of examiners on the date of entry into force of the Act under the existing provisions are deemed to meet the requirements specified in the Act. These individuals may perform their activities for a period of 10 months from the date the Act enters into force on the basis of a mandate contract.
5.
Vehicle inspection stations operating on the date the Act enters into force under the existing regulations are deemed to meet the requirements specified by the Act within the time limits specified in the authorizations issued to them.
6.
Persons performing diagnostic activities on the date the Act enters into force under the existing regulations are deemed to meet the requirements specified by the Act.
Art. 146. Transitional provision
1.
The Voivode shall establish a provincial road traffic center within 6 months of the date of entry into force of the Act.
2.
Upon the establishment of the center referred to in paragraph 1, fees for state driving license examinations and tram driving permits are transferred to its account.
3.
Until the center begins independently conducting state examinations checking the qualifications of persons applying for driving licenses and vehicle drivers, the costs of conducting examinations at the centers referred to in Art. 145transitional provision, paragraph 1, are financed from the proceeds of the fees referred to in paragraph 2. 3.
4.
The Voivode is authorized to grant the Voivodeship Road Traffic Center a one-time loan for investment purposes for a period not exceeding 2 years.
Art. 147. Transitional provision
1.
Persons aged 17 to 18 applying for a category B+E driving licence who have completed the required training or are participating in it on 1 July 1999 are deemed to meet the requirements set out in Art. 90repealed paragraph. 2 point 3.
2.
Applicants for a category C or D driving licence who have completed the required training or are participating in it on or after 1 July 1999 are deemed to meet the requirements referred to in Article 88repealed paragraph 4.
Article 148. Transitional provision
1.
Permits for the use of emergency vehicles, issued before the effective date of the Act, shall remain valid until January 15, 1998.
2.
Permits for testing installations adapting vehicles to gas fuel and the method of their installation, issued before the effective date of the Act, shall remain valid until March 31, 1998.
3.
Permits to derogate from compliance with certain road signs, issued before the date of entry into force of the Act, shall remain valid until March 31, 1998.
Art. 148a. Transitional provision
1.
Until January 1, 2026, the circulation of electric vehicles referred to in Art. 2 point 12 of the Act of January 11, 2018 on electromobility and alternative fuels, as well as hydrogen-powered vehicles referred to in Art. 2 point 15 of this Act, in bus lanes designated by the road administrator.
2.
The road administrator may make the movement of electric vehicles in designated bus lanes dependent on the number of people using these vehicles.
Art. 148b. Transitional provision
1.
From July 1, 2018, to December 31, 2019, electric vehicles and hydrogen-powered vehicles shall be marked with a sticker indicating the type of fuel used for their propulsion, placed on the vehicle's windscreen in accordance with the template specified in the regulations issued pursuant to Article 76Regulation on the conditions and procedure for vehicle registration and the distribution of blank forms paragraph 1 point 1.
2.
The sticker referred to in paragraph 1, shall be issued by the commune head, mayor, or city president with jurisdiction over the place of residence or registered office of the vehicle owner.
Art. 149. Transitional provision
The minister responsible for transport, in consultation with the Minister of National Defense, the minister responsible for internal affairs, and the Minister of Justice, guided by the need to ensure stable trade in motor vehicles, may determine, by regulation:
1)
the obligation to obtain a vehicle card for owners of vehicles registered before the date referred to in Art. 152entry into force of the Act point 3;
2)
conditions, deadlines, and procedure for obtaining vehicle cards by persons referred to in point 1, the authorities competent to issue them, documents used in these matters, and the fee for issuing a vehicle card.
Art. 150. Transitional provision
1.
Driving licenses and other documents authorizing the holder to drive vehicles or confirming additional qualifications and requirements for vehicle drivers, issued under the existing regulations, remain valid until they are replaced at the expense of the authorized person within the scope for which they were issued.
2.
The Minister responsible for transport, taking into account all documents authorizing the holder to drive issued before the effective date of this Act and the costs associated with their replacement, shall determine, by regulation, the conditions and deadlines for the replacement of driving licenses and other documents authorizing the holder to drive or confirming additional qualifications of drivers, as well as the fees for their replacement.
Art. 151. Repeal of the Act of 1 February 1983 - Road Traffic Law
1.
The Act of 1 February 1983 - Road Traffic Law (Journal of Laws of 1992, item 41 and item 114, and of 1995, item 515) shall become null and void, with the exception of Art. 60prohibitions related to vehicle marking and use, Art. 69-70 and Art. 72-82, which shall cease to apply on June 30, 1999.
2.
Until the issuance of implementing regulations provided for in the Act, but no longer than for a period of 18 months from its entry into force, the regulations issued pursuant to the Act referred to in Paragraph 1 shall remain in force, provided they are not inconsistent with this Act.
Art. 152. Entry into force of the Act
The Act enters into force on 1 January 1998, with the exception of:
1)
Article 49Prohibitions on stopping and parking vehicles section 2 item 5, Article 80Prohibition on entrusting certain tasks and competences to municipalities by agreement, Article 99Repealed and Article 109Repealed section 4, which enter into force on July 1, 1998;
2)
Art. 39Obligation to use seat belts, paragraph 3, and Art. 85Technical inspections of trams and trolleybuses, which enter into force on January 1, 1999;
3)
Art. Article 74, Temporary Vehicle Registration, Section 2, Item 2, Letter a, Article 77, Article 87, Article 88, Article 90-98, and Article 100-108, which enter into force on July 1, 1999.
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[The Act was promulgated on August 19, 1997 - Journal of Laws of 1997, item 602]