Introduction
Licence – administrative decision issued by the minister in charge of transport or starosta (district governor) responsible for the area where the entrepreneur’s registered office is located, entitling to start and operate business involving road transport.
In accordance with the Road Transport Act of 6 September 2001 (Official Journal of Laws of 2004, No. 204, item 2088) Article 5 (1), starting and operating transport business requires obtaining appropriate licence to provide road transport. The issues regarding holding the licence are regulated also by the Council Regulation (EEC) no. 881/92 of March 26th 1992 on access to the market in the carriage of goods by road within the Community to or from the territory of a Member State or passing across the territory of one or more Member States and the Council Regulation (EEC) No 684/92 of 16 March 1992 on common rules for the international carriage of passengers by coach and bus.
The application for the licence should include:
- trading title of the entrepreneur
- address of the registered office
- number in the register of entrepreneurs or in the business activity register
- statement regarding the type and scope of the licence
- type and number of motor vehicles at the disposal of the entrepreneur who applies for the licence
- term for which the licence is to be issued
The following documents should be attached to your licence application:
- excerpt from the register of entrepreneurs or from the business activity register
- copy of the certificate of obtaining REGON state statistical number (national business registry number)
- copy of the certificate of obtaining NIP- taxpayer identification number
- copy of the CPC (Certificate of Professional competence) held by the entrepreneur or the person in charge of road transport in the company
- excerpt from the Criminal Records Bureau certifying clean criminal record of the members of the legal person’s managing body, of the person managing the registered partnership, or limited partnership, and in case of a different type of entrepreneur – of the person running the business. These persons cannot be convicted with a final and binding court decision of intent crimes, such as: fiscal offences, offences against road safety, crimes against property, crimes against business, identity document forgery, crimes against the environment, crimes against the work and remuneration conditions or other regulations concerning the profession. The licence cannot be issued to the persons convicted with a final and binding court decision prohibiting operating business involving road transport.
- documents certifying the financial standing of the applicant, demonstrating that in order to meet their financial obligations involving road transport in the course of the annual accounting year, they have at their disposal capital and reserves totalling at least:
EUR 9 000 when only one vehicle is used
EUR 5 000 for each additional vehicle used
In the year 2010, the Euro value was converted at the average exchange rate of the National Bank of Poland in effect in the last day of the year previous to the year in which the financial guarantee is given, i.e., 4,1082 PLN.
- declaration of the intent to employ drivers who comply with the provisions laid down in the act of April 20th, 1997 – the Traffic Law Act and in other regulations specifying the requirements towards the drivers. The drivers cannot be convicted with a final and binding court decision of intent crimes, such as: offences against road safety, crimes against property, identity document forgery, crimes against the environment.
- a specification of motor vehicles along with copies of domestic documents confirming they are roadworthy (vehicle registration card, temporary permit, etc.), and in the eventuality of the driver not being the owner of the vehicles – also the document stating the right to operate the vehicles.
It is necessary to submit the payment receipt required to issue the licence.
The licence is issued to every entrepreneur who meets the above-stated statutory conditions.
In accordance with the Regulation no. 881/92 Article 6 and Regulation no. 684/92 Article 3a (4) in the case of:
- carrying persons or goods (by coach/bus) the licence is issued for a term of 5 years
- carrying persons in a vehicle other than a coach/bus the entitlements is granted for a term between 2 and 50 years.
