For international road carriers venturing into Poland, understanding the intricacies of driver delegation is a requisite. Compliance with reporting mandates to the State Labour Inspectorate is vital, particularly for cabotage and international transports, ensuring adherence to specific guidelines and regulations. Thankfully, there’s a secure and reliable tool which helps with the paperwork required to operate in Poland.
- What was changed about the regulations?
- Delegating Drivers: When and How to Do It?
- What app can you use for digital signatures in Poland?
- Procedure for Obtaining an Electronic Signature in Poland
- Member States of the European Union and European Economic Area
The law, enacted to implement European Union regulations, delineates the principles of driver delegation in road transport within the country, monitoring compliance with regulations and roadside checks, and cooperation among relevant authorities in this regard. Its purpose includes safeguarding the Polish road transport market from unfair competition posed by carriers from other EU member states and beyond.
Published in the Official Journal on July 28, 2023, the Law on the Delegation of Drivers in Road Transport is set to go into effect on August 19, aligning Polish legislation with EU provisions concerning driver delegation in the road transport sector, under the so-called Mobility Package I. This initiative primarily aims to facilitate improvements in working conditions for drivers and the operational conditions of transport companies.
The law covers various aspects, such as:
- outlining guidelines for the delegation of drivers in road transport within the Republic of Poland,
- monitoring compliance with regulations related to driver delegation,
- conducting road checks on driver delegation within Poland,
- fostering collaboration between the Road Transport Inspection and the State Labour Inspectorate regarding information exchange concerning driver delegation,
- cooperation with competent authorities of other EU member states regarding the delegation of drivers within Poland,
- and procedures concerning the implementation or submission of notifications regarding decisions on imposing administrative fines or penalties on the delegating road carrier within the territory of the Republic of Poland and from this territory.
For road carriers from outside the European Union, the European Economic Area, and Switzerland, conducting transports within the territory of Poland involves specific situations where it is mandatory to report the delegation of a driver to the State Labour Inspectorate.
This applies, among other cases, to cabotage transport, international transport other than bilateral transport, and bilateral transport of goods or people. It is crucial to report this unless it has already been done through the Delegation of Drivers Reporting Portal in the IMI system.
It is important to note that drivers from third countries transiting through the territory of Poland are not subject to delegation procedures and are not considered delegated employees in accordance with applicable regulations.
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Individuals from outside Poland seeking to obtain a qualified electronic signature must go through a specific procedure. This procedure is analogous to that intended for Polish citizens, with some significant differences.
For foreign nationals without a PESEL number, the accepted authenticating document is the national identification card or passport from their country of origin. After purchasing a qualified certificate, one must submit an application for an e-signature and verify their identity based on the national identification card or passport.
This procedure can be carried out at an Identity Verification Point, with a notary, or at a Polish consulate. Upon successful identity verification, a qualified certificate is issued, enabling electronic signing of financial documents and reports, even for those without a PESEL number.
Thanks to these procedures, the Member States of the European Union and the European Economic Area support legal and secure actions, simultaneously facilitating foreign nationals in utilizing electronic services in Poland.
The Member States of the European Union are countries where specific standards and regulations regarding the common functioning of the market and other economic aspects apply.
These include Austria, Belgium, Bulgaria, Croatia, Cyprus, Czech Republic, Denmark, Estonia, Finland, France, Greece, Spain, the Netherlands, Ireland, Lithuania, Luxembourg, Latvia, Malta, Germany, Poland, Portugal, Romania, Slovenia, Slovakia, Sweden, Hungary, and Italy.
On the other hand, the European Economic Area (EEA) includes EU member states as well as Norway, Iceland, and Liechtenstein. This area operates under the same rules regarding trade and other economic matters as EU member states.