ITD Fines in Poland: How Carriers Can Appeal Penalties

An ITD fine in Poland is an administrative monetary penalty imposed following a road transport inspection, including for breaches concerning driving and rest time, tachograph use, vehicle documentation, permits, weight limits or other statutory conditions of road transport. Such penalties may affect both Polish and foreign carriers operating in Poland, including companies performing international carriage, cabotage or own-account transport.

Roadside inspections are conducted primarily by the Road Transport Inspection – Inspekcja Transportu Drogowego (ITD). Depending on the case, a separate penalty may also concern the driver or a person managing transport operations. The financial, operational and reputational consequences can be significant, particularly where an inspection reveals repeated tachograph infringements or deficiencies in the carrier’s compliance systems.

Road transport inspection penalties in Poland: who may be liable?

The principal framework is set out in the Polish Road Transport Act of 6 September 2001. Under Article 92a, an entity performing road transport or other activities connected with road transport may be subject to an administrative penalty for infringement of transport obligations or conditions. The detailed levels of those penalties are listed in Annex No. 3 to the Act.[1]

Liability is not necessarily limited to the undertaking. Separate sanctions may be imposed on:

• the entity performing road transport activities or other activities connected with road transport, under Article 92a;
• the person managing transport in the undertaking or another person referred to in Article 92b, where the statutory conditions are met;
• the driver, who may be subject to a fine under the rules applicable to petty offences.

An infringement committed by a driver may constitute the basis for an administrative penalty imposed on the entity performing transport activities. However, the entity may rely on the exclusion set out in Article 92a(4), provided that the statutory conditions are demonstrated by the evidence. In practice, the authority will assess the company’s procedures for route planning, tachograph data analysis, driver training, supervision and internal reporting.

For example, a tachograph infringement fine in Poland may result from exceeding driving time, insufficient daily or weekly rest, missing manual entries, use of an incorrect mode, failure to produce records or manipulation of recording equipment. The legal assessment must take account of Regulation (EC) No 561/2006, Regulation (EU) No 165/2014 and, where applicable, the AETR Agreement.[2][3][4]

Statutory exclusions and limits on administrative liability

The Road Transport Act provides important safeguards. Their application depends on the factual record, evidence and the specific category of infringement.

1. No influence over the infringement. Administrative proceedings should not be initiated against the entity where the circumstances and evidence unequivocally show that it had no influence on the occurrence of the infringement.
2. Due diligence and unforeseeable circumstances or events. Proceedings should likewise not be initiated where the entity exercised due diligence in carrying out transport-related activities and the infringement resulted from circumstances or events that it could not foresee.

These grounds arise from Article 92a(4) of the Road Transport Act. They should not be treated as automatic exemptions. A general statement that a driver acted independently will usually not be enough. In particular, where the entity relies on due diligence and unforeseeable circumstances, it should be able to show, for example, documented driver instructions, tachograph monitoring, disciplinary measures, route planning records and evidence of prompt action after identifying irregularities.

The Act also caps the aggregate level of certain administrative penalties imposed as a result of one inspection. The applicable cap depends, in particular, on the type of inspection and the statutory category of the entity or transport operation. The authority must therefore calculate both the individual infringements and the statutory maximum correctly.[1]

GITD appeal procedure: deadlines and formal requirements

An ITD decision imposing an administrative penalty may be challenged through the administrative appeal process. The standard appeal deadline is 14 days from delivery of the decision, pursuant to Article 129 of the Code of Administrative Procedure.[5]

Where the decision was issued by a provincial road transport inspector, the appeal is submitted through that authority and examined by the Chief Road Transport Inspector – Główny Inspektor Transportu Drogowego (GITD). Under Article 128 of the Code of Administrative Procedure, an appeal does not require detailed justification; it is sufficient to indicate dissatisfaction with the decision. In practice, however, it is advisable to identify the contested decision, state the objections and explain the requested outcome, such as annulment, discontinuance of proceedings or amendment of the penalty.

If GITD issued the decision at first instance, the appropriate remedy is generally a request for reconsideration of the case under Article 127(3) of the Code of Administrative Procedure. The deadline is also 14 days from delivery of the decision.[5]

In a well-prepared appeal, the carrier should address both procedural and substantive errors. Common arguments include an incorrect classification of the infringement, incomplete assessment of evidence, failure to consider the Article 92a(4) exclusion, inaccurate tachograph analysis, misidentification of the liable entity, or a penalty calculated beyond the statutory limit.

Evidence that can support an appeal against an ITD fine

The inspection protocol is central, but it should not be treated as conclusive. A carrier should promptly secure all materials relevant to the inspected journey and its compliance framework. Delays can make it difficult to retrieve tachograph data or obtain statements from drivers and dispatchers.

• driver card and vehicle unit downloads;
• tachograph calibration and repair records;
• dispatch instructions, route plans and delivery schedules;
• employment or service agreements with drivers;
• driver training records and internal compliance policies;
• evidence concerning traffic disruptions, accidents, border delays or emergencies;
• documents confirming permits, licences and transport authorisations.

Evidence should directly address the authority’s findings. In particular, data from tachographs should be reviewed by a person familiar with the applicable driving-time rules. A technical defect, incorrect manual entry or missing record may have a different legal significance depending on the vehicle, the period of operation and the available evidence.

Challenging an ITD decision in court

After exhausting the administrative remedy, the carrier may file a complaint with the competent Provincial Administrative Court. Under Article 53(1) of the Law on Proceedings before Administrative Courts, the complaint must generally be filed within 30 days from delivery of the final decision or the decision issued after reconsideration.[6]

The complaint is submitted through the authority that issued the contested decision. The administrative court reviews legality rather than business convenience. It may assess whether the authority correctly established the facts, applied the law properly, respected procedural guarantees and gave adequate reasons for its conclusion.

The court does not normally conduct a completely new inspection of the transport operation. For this reason, the factual and legal arguments should already be developed carefully during the administrative appeal stage. A successful court complaint can lead to annulment of the decision and a renewed examination by the authority.

Business consequences of an administrative penalty under the Road Transport Act

Under Article 93(7) of the Road Transport Act, an administrative penalty is generally payable within 21 days from the date on which the decision becomes final.[1] Beyond the fine itself, recurrent infringements can trigger broader regulatory concerns. These may include scrutiny of the company’s compliance arrangements, questions regarding good repute in the context of transport operator requirements, operational disruption and contractual disputes with customers.

For foreign carriers, a prompt response is especially important. Documents may be held in several jurisdictions, while drivers, subcontractors and dispatchers may not be readily available after the journey. Internal escalation procedures should therefore require immediate reporting of every ITD inspection and preservation of all tachograph and route-related records.

This is informational material, not legal advice. For an assessment of a specific decision, evidence and statutory deadlines, contact us at Lawyersinpoland.com by Kopeć & Zaborowski before the appeal period expires.

FAQ – ITD Fines in Poland

What is the deadline to appeal an ITD fine in Poland?

The standard deadline is 14 days from delivery of the decision. The appeal is generally submitted through the authority that issued the decision, pursuant to Article 129 of the Code of Administrative Procedure.

Can a foreign carrier appeal an ITD penalty?

Yes. Foreign carriers operating in Poland are subject to Polish road transport rules and may use the same administrative appeal procedures as Polish carriers. The appeal should be supported by properly organised evidence. Documents in a foreign language may require translation into Polish.

Can a carrier be fined for a driver’s tachograph infringement?

Yes. A driver’s infringement may result in an administrative penalty for the entity performing transport activities under the Road Transport Act. The entity may rely on Article 92a(4) where the evidence shows either that it had no influence on the infringement, or that it exercised due diligence and the infringement resulted from unforeseeable circumstances or events.

Does filing an appeal automatically cancel the ITD fine?

Filing an appeal prevents the first-instance decision from becoming final while the appeal is pending. Payment obligations are generally linked to the date on which the decision becomes final, subject to the specific legal basis and procedural status of the case.

Can an ITD decision be challenged before a court?

Yes. After the administrative appeal or reconsideration procedure is completed, a complaint may be filed with the Provincial Administrative Court, generally within 30 days of delivery of the final decision.

What documents are most important in a tachograph infringement appeal?

Key documents often include driver card and vehicle-unit downloads, calibration records, dispatch instructions, route plans, training records, driver statements and evidence of exceptional circumstances affecting the journey.

Bibliography

[1] Act of 6 September 2001 on Road Transport (ustawa o transporcie drogowym), consolidated text: Journal of Laws 2024, item 1539, as amended, in particular Articles 92, 92a, 92b and 93 and Annexes No. 1, No. 3 and No. 4.

[2] Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport.

[3] Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport.

[4] European Agreement Concerning the Work of Crews of Vehicles Engaged in International Road Transport (AETR), done at Geneva on 1 July 1970.

[5] Act of 14 June 1960 – Code of Administrative Procedure (Kodeks postępowania administracyjnego), consolidated text: Journal of Laws 2024, item 572, as amended, in particular Articles 127, 128 and 129.

[6] Act of 30 August 2002 – Law on Proceedings before Administrative Courts (Prawo o postępowaniu przed sądami administracyjnymi), consolidated text: Journal of Laws 2024, item 935, as amended, in particular Article 53.