In December, new regulations regarding road transport and the conditions for access to the occupation of road transport operator will come into force. The rules for access to the international road transport market and the international market for coach and bus services will also change. This is due to the introduction of European law into the Polish market, but fortunately, entrepreneurs will be able to take advantage of a transitional period.
Who is affected by the changes and how long will the transitional period last?
We are talking about entrepreneurs who conduct business activities in the field of domestic road transport of persons or goods. New regulations come into force on December 4, but the legislator has provided a one-year transitional period for them. Also, only after December 4, 2012, those who do not implement the necessary changes in their companies and do not adapt to the new requirements may lose their existing authorizations. New requirements concern, for example, an actual and stable establishment or a new way of documenting financial standing. The twelve-month transitional period will apply to both domestic and international transport.
Validity period of existing licenses
Licenses and extracts for performing international road transport issued before December 4, 2011, will be valid until their expiration date, but no longer than 5 years, i.e., until December 4, 2016, at the latest. Existing certificates of professional competence in international road transport of persons or goods issued before December 4, 2011, will remain valid and equivalent to the new certificate.
Those who conduct business activities in the field of domestic road transport and hold a certificate for it will be able to apply for a license to perform international road transport. In order to obtain a certificate of professional competence, they must pass a supplementary examination, as referred to in Regulation (EC) No 1071/2009.
All entrepreneurs performing road transport – both domestic and international – will be required to hold a license for performing domestic road transport. Additionally, the latter, i.e., those performing international transport, will have to obtain a Community license. However, the basic condition for granting a Community license will be holding a license for performing domestic road transport issued after December 4, 2011.
New conditions for exercising the profession of a transport operator
Regulation 1071/2009 requires those who wish to take up and pursue the occupation of road transport operator after December 4 of this year to meet the following conditions:
- possessing appropriate professional competence,
- good repute,
- appropriate financial standing,
- and an actual and stable establishment.
In addition to the conditions specified in the regulation, the requirements set out in the Road Transport Act will also apply. These are requirements concerning, among other things, holding a driving license of the appropriate category or the minimum age for exercising the profession of a transport operator.
Other changes in road transport
The year 2011 is full of changes for hauliers. In addition to those described earlier regarding the conditions for exercising the profession of a transport operator and granting licenses for the transport of goods and persons, in July, the Sejm passed a new act on the transport of dangerous goods. All of this is related to the introduction of EU law into Polish legislation. What do these acts and regulations change? What impact do they have on the business operations of Polish hauliers? This must be known so as not to be unpleasantly surprised at the least expected moment. We write about what you could read earlier in the latest issue of the monthly Road Transport. It is a professional information and advisory service, thanks to which you will be up to date with all news and changes in the field of road transport in Poland and the European Union. We write about everything that every haulier should know, we discuss all acts and regulations related to transport activities, and we inform about upcoming changes in advance. And all this in a concise and accessible way.
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