Mobility package in the draft amendment to the road transport act
The purpose of the amendment
On July 29, 2021, on the website of the Government Legislation Center, a draft of the Act amending the Act on Road Transport and certain other acts of July 27, 2021 was published. The principal objective of the draft act is to implement into the polish order the so-called Mobility Package I which comprises a set of EU regulations regulating the rules of international road transport.
The objective of the provisions adopted at the EU level is to regulate and improve the functioning of the transport market within the European Union. The draft national amendment, established on the basis of the adopted EU regulations’ content, provides for significant changes in the provision of road transport services.
Preclusion of the application of the provisions on business travel to drivers
The most vital out of the proposed amendments is the preclusion of the regulations’ application on business travel to drivers which will result in the transfer of the existing costs into their remuneration. The above solution may result in lower competitiveness of Polish entrepreneurs due to a significant increase in employment costs and what is more, this particular situation may even lead to job reductions. An alternative solution for entrepreneurs will be to transform the employment relationship into B2B relationships on a large scale.
An extended catalogue of obligations for entrepreneurs and drivers as well as an increased scope of control
The proposed act provides for the introduction of an obligation to have a license for a lighter category of vehicles used for transport (2.5-3.5 tons) which introduces additional difficulties for both entrepreneurs and drivers themselves.
In addition, the draft act introduces additional regulations for all entrepreneurs engaged in commercial road transport in terms of having a registered office, good reputation and professional competence.
The current draft also clarifies the provisions on the control of transport operations, extending the scope of the inspected party's obligations. The proposed solutions will expand the catalogue of regulations’ infringements relating to driving time, drivers’ break and rest periods and the use of tachographs.
Extending the scope of controlled aspects may extend the time that control services officers will need to analyze data of drivers’ activity registered via tachographs, which may transfer into a prolongation of the control time.
From the formal and administrative perspective, entrepreneurs should also expect changes in the scope of their obligations related to the requirement to have a registered office, where access to original documents concerning the main transport activity conducted by the entrepreneur will be possible. Due to the detailed scope of the mandatory document storage, entrepreneurs will be required to provide information about the addresses of the registered office and the premises they have, e.g. at the license application stage.
What's next?
The application of the new law will have a major impact on a number of aspects related to the transport market, including the coming structure of the transport sector as well as the costs and competitiveness of many industry sectors.
Changes in the field of road transport regulations, including new rules determining the access to the profession of a carrier and the market, as well as social regulations related to the obligation to use tachographs by carriers using light delivery vehicles may cause significant difficulties for entrepreneurs who have strengthened their market position based on the existing national regulations. Nevertheless, in the intention of the EU legislator these changes have to contribute to ensuring fair competition on the international transport market.
The draft amendment is at the last stage of public consultations. Let us hope that its framer will take into account the environment’s demands and the final provisions of the legal act will be more favorable for market participants.
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