POLISH LAW ADAPTS TO MOBILITY PACKAGE RULES RELATED TO THE POSTING OF DRIVERS.
Poland’s Council of Ministers has adopted a draft act on the posting of drivers in road transport.
The draft act adapts Polish law to EU regulations, with regard to the posting of drivers in the international transport sector, within the framework of the Mobility Package. The legislation, submitted by the Minister of Infrastructure, will see provisions of the EU Mobility Package become part of the country’s national law.
The new regulations are to enter into force 14 days after being published in the Journal of Laws.
The main changes are related to the obligations of drivers and transport undertakings, the documents that must be carried on the road and fines for non-compliance. In addition to the above, the legislation includes changes to how national insurance and other taxes are calculated based on a driver’s work and daily expenses.
The new solutions are aimed at unifying the calculation of the basis for social security contributions (pension, sickness, disability, accident); by unifying the rate related to foreign allowances, introducing the so-called virtual allowance, which would facilitate the accounting system for allowances.
The government adds that by simplifying the administrative service related to the settlement of drivers in Polish transport companies, the “new regulations improve the situation of domestic carriers who post drivers abroad, as well as the drivers themselves.”
ADMINISTRATIVE OBLIGATIONS – POSTING DECLARATION
The changes inlclude the obligation for the transport operator established in another Member State (EU) to submit a posting declaration and record the driver and transport operation to the Internal Market Information System (IMI), at the latest at the beginning of the posting.
Under the new rules, the transport operator which is established in the European Union must send the posting declaration via the IMI, including the necessary data as :
- the identity of the operator,
- the contact details of a transport manager or other contact person in MS of establishment,
- the identity, the adress of the residence and number of driving license of the driver,
- the start date of the driver’s contract of employment,
- the envisaged start date and end of the posting,
- the number plates,
- type of transport operations as carriage of goods or passangers, or cabotage operations).
THIRD COUNTRIES
The new regulations will apply to road transport operators who are based in another country of the European Union or in a third country outside the EU and send driver to work temporarily on the territory of Poland in the framework of an international road transport service.
When it comes to 3rd country transport operators, driver and posting should be directly submitted to Poland’s National Labour Inspectorate. Transport operators shall ensure that confirmation in paper, drive keep in the cabin and make available when requested during a roadside inspections.
ADMINISTRATIVE OBLIGATIONS – DOCUMENTS IN THE CABIN
The new rules impose on the transport operator to ensure that the driver has at his disposal in paper or electronic form, the necessary documents in the cabin and complies with the posting declaration requirements. The driver and transport operator must ensure that the driver keep and make available when requested at the roadside :
- a copy of the posting declaration IMI submitted via IMI ;
- evidence of the transport operations taking place in the host Member State, a consignment note (CMR letter)
- tachograph records
ADMININISTRATIVE OBLIGATIONS – CONTACT WITH CONTROLLING POLISH AUHORITIES
Under the new regulations, the transport operators has an obligation to provide at the direct request of the Polish Labour Inspectorate, the required documents in case of an IMI control :
- copy of the posting declaration, evidence of the transport operations ( CMR)
- documentation relating to the remuneration and proofs of payement,
- the emploeyelnt contract,
- time sheet relating to the driver’s work,
The operator shall send the requested documents no later than eight weeks from the date of the request.
PENALTIES :
The new regulations also come with fines for non-compliance. Failure to make the posting declaration or carry the required documents on board can result in fines to 3 000 PLN. Fines for incomplete or incorrect information attend at 2000 PLN.
CONCLUSIONS :
In conclusion, the new regulations on posting in road transport in Poland will likely increase the number of roadcheck in Poland regarding the Mobility Package rules. It is essential for transport operators and drivers to understand these new rules to avoid penalties and ensure compliance.
