Say it: Michał Buczkowski from Robert Jędrzejczyk i Wspólnicy, Mateusz Włoch, expert from INELO
By the end of November 2017, the National Electronic Register of Road Transport Companies (KREPTD) will be established in Poland. There are still a few months left to introduce the system, experts already warn drivers and entrepreneurs about the consequences of offences. The register will include the names of persons who have lost their good reputation and information on serious infringements recorded in the last two years.
The amendment of the Act on Road Transport means that Poland complies with the European Union Directives. The European Parliament and the Council established that by the end of 2012 all Member States must establish and maintain electronic registers of road transport undertakings authorised to pursue the occupation of road transport operator. Poland is one of the last EU member states to introduce these regulations, but the launch of the KREPTD will allow for the fulfilment of the commitments. The register will be connected to the European Register of Road Transport Undertakings (ERRU) network, which includes the systems of other Member States. The database will contain information about:
- undertakings which are authorised to engage in the occupation of road transport operator,
- serious infringements of provisions governing obligations or conditions of carriage by road,
- persons who have been declared unfit to manage the transport activities of an undertaking - until their good repute is restored.
- The establishment of registers in individual EU Member States is a major step towards harmonising transport legislation across Europe. Poland is one of the last countries to introduce an electronic system. Currently, the exchange of information on infringements committed by Polish carriers abroad is carried out only by means of traditional correspondence. This greatly hampers communication and cooperation between international inspection services. The CREPTD will significantly contribute to the organisation of data transfers between countries and will strengthen the principles of fair competition. - says Mateusz Włoch, INELO expert.
Data on undertakings authorised to engage in the occupation of road transport operator shall be public and accessible to all interested parties. Only the address of residence and information about the date and place of birth will be an exception. In the case of serious infringements and persons who have lost their good repute, the data will be made available only to authorised authorities. They will be able to apply for access to them: the old people, provincial road transport inspectorates, provincial police chiefs, the Chief Commander of the Border Guard, chief officers of Border Guard units, directors of customs chambers, the Chief Labour Inspectorate, road managers, courts and heads of the Internal Security Agency.
- According to the provisions of the amended act, the register should operate from 30 November 2017. Records of serious infringements will cover different types of infringements committed by traders in the two years preceding that time. This is due to the fact that Polish regulations provide for a period of two years as regards the obliteration of convictions in the case of offences and a period of two years as regards the recognition of administrative decisions on the basis of which fines will be imposed on such entrepreneurs," says newsrm.tv Michał Buczkowski of Robert Jędrzejczyk i Wspólnicy law firm.
It is specified that three serious infringements are equivalent to one very serious infringement, and for the most serious ones the procedure for loss of good repute will be launched automatically. Such proceedings may also be initiated where a third very serious infringement has been committed within a year in the undertaking concerned, calculated on average per driver, or where there has been a final judgment for offences.
