Photo: Kris Duda / Flickr / CC BY 2.0

Poland set to adopt Mobility Package’s posted driver rules

Poland's Council of Ministers has adopted a draft act on the posting of drivers in road transport. The legislation, submitted by the Minister of Infrastructure, will see provisions of the EU Mobility Package become part of the country's national law.

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The Polish Government says that by introducing solutions regarding the posting of drivers, it “primarily wants to protect the domestic market against unfair competition from road hauliers from other EU countries and from outside the EU.”

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.”

Once the legislation is fully implemented, the regulations will apply to road hauliers who are based in another country or a third country outside the EU and temporarily send a driver to work in Poland in connection with road transport.

The changes mean that EU hauliers with posted drivers in the country will need to record the driver and transport using a special website connected to the IMI information exchange system. EU Hauliers will also have to ensure that their drivers have documents related to posting in paper or electronic form – something that will be checked during roadside inspections.

When it comes to 3rd country hauliers, driver postings should be directly submitted to Poland’s National Labour Inspectorate. Confirmation of the registered driver postings should also be presented during roadside inspections.

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 hope is that the new system will be more straightforward and reduce the administrative burden on Polish hauliers.

The new regulations are to enter into force 14 days after being published in the Journal of Laws.

Photo: Kris Duda / Flickr / CC BY 2.0