Road transport license - check when you must have it!
People planning to start a business in the field of road transport or current entrepreneurs intending to expand the scope of activities, e.g. with transport services, are required to have an appropriate permit. In this case, it is a permit to pursue the profession of a road transport operator within the meaning of the Act of 6 September 2001 on road transport (Journal of Laws of 2013, item 1414), which allows to undertake and perform licensed road transport.
License to pursue the profession of a carrier
The obligation to obtain an appropriate permit to exercise the profession of a carrier in order to provide road transport services results directly from Art. 5 sec. 1 above the law. The entrepreneur obtains a permit for an indefinite period, if it meets the conditions set out in Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules for the performance of the occupation of road transport operator and repealing Council Directive 96/26 / EC. Importantly, in addition to the drivers employed by the entrepreneur or persons performing transport services on his behalf, the prohibition of practicing the profession of a driver cannot be imposed.
The authority competent to issue a permit is the staroste competent for the seat of the entrepreneur who, at the request of the interested party, grants the appropriate license by way of an administrative decision. The entrepreneur may submit the application in writing or via electronic means of transmission in the form of an electronic document.
By obtaining a permit to pursue the occupation of road transport operator, an entrepreneur may apply for an appropriate license, in some cases required for the transport of people and goods.
International road transport license
In order to provide international road transport services, it is necessary to obtain an appropriate Community license. However, in order to obtain the appropriate permit, the entrepreneur must meet the conditions included in:
Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market,
Regulation (EC) No 1073/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international market for coach and bus services and amending Regulation (EC) No 561/2006.
Importantly, the Community license is only granted to entrepreneurs who have a permit to pursue the occupation of road transport operator.
Mandatory licenses in national road transport
Pursuant to Art. 5b above of the Act, the entrepreneur should obtain the appropriate road transport license in the scope of:
a motor vehicle designed to transport more than 7 and not more than 9 people, including the driver,
brokerage in the carriage of goods.
The above licenses are granted for a specified period of time, but not shorter than 2 years and not longer than 50 years - taking into account the information contained in the submitted application.
License for the transport of passengers
Taking up and performing domestic road transport in the field of passenger transport is subject to the obligation to obtain an appropriate license. The entrepreneur will obtain the said permit if:
- has not been convicted by a final judgment for fiscal criminal offenses or intentional crimes: against security in communication, property, economic turnover, credibility of documents, environment or working and pay conditions, or other related to the performance of the profession,
- he has not been issued with a legally valid decision prohibiting the performance of economic activity in the field of road transport,
- at least one of the company managers or the person managing the road transport company holds a certificate of professional competence,
- in relation to the drivers employed by the entrepreneur or persons performing transports on his behalf, there was no ban on practicing the profession of a driver,
- he has a legal title to dispose of a vehicle or motor vehicles that meet the technical requirements set out in the provisions of the road traffic law, with which road transport is to be performed.
An additional condition is the appropriate financial situation of the entrepreneur, ensuring the commencement and running of economic activity in the field of road transport. As a rule, he should have funds or property worth:
- EUR 9,000 - for the first road transport vehicle,
- EUR 5,000 - for each additional road vehicle.
In the case of taxpayers providing passenger transport services by taxi, it is also necessary that the drivers employed by him and the entrepreneur himself personally carrying out the transport:
- they have not been convicted of crimes against life and health and against sexual freedom and decency, and have not been issued a final judgment prohibiting the profession of a driver,
- have a certificate of completion of training in road transport by taxi, in some cases confirmed by a passed exam,
- meet the requirements set out in Art. 39a paragraph. 1 items 1-4 above the law.
With regard to the certificate of graduation referred to above, the council of a commune with more than 100,000 inhabitants may introduce - by resolution - the obligation to complete the training completed with an examination. Conducting such training is aimed at confirming the knowledge of the topography of the town and local law by persons intending to carry out the said transports.
The license for domestic road transport in the field of passenger transport by taxi is granted for a specific vehicle and area including: a commune, neighboring communes - after they have concluded an agreement and the capital city of Warsaw.
Brokerage license in the carriage of goods
The conditions that must be met by an entrepreneur applying for a license for the provision of transport services in the field of goods transport are similar to those in the case of passenger transport. The only exception is the requirement concerning the taxpayer's financial standing, as it is much higher. The value of the property or the funds held to enable the commencement and performance of business activities in the field of road transport should not be less than EUR 50,000.
The conversion is made at the average exchange rate announced by the National Bank of Poland, applicable on the last day of the year preceding the year in which the assessment of the company's financial situation is performed.
Confirmation of the fulfillment of the conditions regarding the company's situation is the annual financial statement or documents confirming:
- disposing of cash in cash or in bank accounts or available assets,
- having stocks, shares or other transferable securities,
- granting bank guarantees or sureties,
- property ownership.
Application for a license
Licenses for road transport in the field of passenger and goods transport are granted at the request of the entrepreneur submitted in writing or in the form of an electronic document, after paying the appropriate fee. The application must include the following data:
- specification of the entrepreneur and his address and seat or place of residence,
- information about the entry in CEIDG or the number in the register of entrepreneurs in the National Court Register, if required,
- tax identification number (NIP),
- indication of the type and scope of road transport, and in the field of road transport by taxi - also the area of transport,
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Online advice for businessesspecifying the time of granting the license,
- while in the case of road transport in the field of passenger transport by passenger car or motor vehicle, additionally:
- determination of the type and number of motor vehicles that the entrepreneur will use for road transport,
- determining the number of extracts from the license.
The application must be accompanied by the required documents specified in Art. 8 sec. 3 of the Road Transport Act.
As can be seen, the performance of certain road transport services still requires the entrepreneur to have an appropriate license. Obtaining this permit, however, must be supported by the fulfillment of various conditions and the appropriate financial situation in which the business is located. It is not enough just to have a large car fleet, as it will be worthless in the absence of the appropriate permit.