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Licences/authorization to practice as a road carrier

We would like to inform that in accordance with art. 40 of the Act of June 14, 1960, the Administrative Code (consolidated text, Journal of Laws of 2017, item 1257), requests to fill in the deficiencies in the application will be issued only to the party, and when the party acts through a representative - to that representative. It means that if an application is submitted on behalf of a party without a proper power of attorney, the authority will send a request to the party (company) to fill in the gaps (through the postal operator - by registered letter with acknowledgment of receipt).

 

Ref. Verification of the operating base

 

In connection with the demands made by road carriers on the need to eliminate unfair practices on the transport market, General Inspectorate of Road Transport undertook control activities in the field of address verification of operating databases.

Bearing the above in mind, the processing of applications for authorization to pursue the occupation of road transport operator may be extended.

 

The International Transport Office would like to inform you that due to the amendment to the Road Transport Act, the content of license applications and the content of the attachment “the declaration of no criminal record - ON form” have changed. In addition, an obligation to provide information from the National Criminal Register (KRK) as an annex to the application for permit to pursue the occupation of road transport operator has been introduced.

According to art. 7a paragraph 3 point 6 and point 7 of the Road Transport Act the application for permit to pursue the occupation of road transport operator should have the following attachments:

(...)

6. Information from the National Criminal Register regarding a person:

a) being a member of the managing body of a legal person, a person managing a general partnership or a limited partnership,

b) running a business - in the case of another entrepreneur,

c) managing the transport or authorised under the contract to perform the tasks of the transport manager on behalf of the entrepreneur

- about no criminal record for offenses in the areas specified in art. 6 of Regulation (EC) No 1071/2009.

7. The declaration of persons, referred to in point 6, about no criminal record for serious violation, referred to in art. 6 par. 1 letter b of Regulation (EC) No 1071/2009, including the most serious infringement set out in Annex IV to Regulation (EC) No 1071/2009.

 

 

According to art. 35 paragraph 3 the Administrative Code (consolidated text, Journal of Laws of 2017, item 1257):

The case is dealt with not later than within a month, and particularly complicated cases - no later than within two months from the date of initiation of the proceedings.

According to art. 11 par 3 of the European Parliament and the European Council Regulation (EC) No. 1071/2009 of October 21, 2009:

The competent authority shall process the application for permit as soon as possible, not later than three months from the date of receiving of all documents necessary to examine the application by the competent authority. In rightly justified cases, the competent authority may extend this period by one month.

 

  

The International Transport Office would like to inform you that applications submitted via the postal operator regarding a Community licence/extracts from a Community licence are considered in the order of their receival.

In addition, we would like to inform you that applications for granting a Community licence/extracts from the Community licence are also carried out directly at the Customer Service Room from 8.30am to 3.30pm.

An entrepreneur whose licence expiry date comes to an end, may submit an appropriate application - three months before the expiry date of the current licence.

 

We would like to kindly inform you that in random case, applications for the transfer of rights, pursuant to art. 13 para. 2 point 1 of the Act of 6 September 2001 on road transport, are implemented in the first instance.

Article 13 paragraph 2 point 1

The authority which granted the authorization to pursue the occupation of road transport operator, a Community license (...) transfers, by way of an administrative decision, in the case of the death of a natural person authorised to pursue the occupation of a road transport operator the rights arising therefrom or a license, to their heir, including also a natural person who is a partner, in particular a partner of a registered partnership or a limited partnership (...),

- provided that the entrepreneur acquiring the rights resulting from the permit to pursue the profession of road transport operator meets the requirements set out in Article 5 para. 2 or provided that the entrepreneur acquiring the rights resulting from the licence meets the requirements specified in art. 5a or art. 5c par. 1 or 2.

According to art. 14a of the Administrative Code, public administration bodies enable the parties to evaluate the operation of offices managed by these bodies, including employees of these offices.

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