Road Transport Licence in Poland: Requirements for Foreign Carriers

A road transport licence is an administrative authorisation required for operating as a road haulage carrier under EU and Polish transport rules. Whether a foreign business needs a Polish licence depends primarily on where it is established, the type and weight of vehicles used, and whether it performs international transport, cabotage or domestic operations in Poland.

For an EU carrier, Poland does not normally require a separate national road transport licence merely because goods are collected or delivered in Poland. The carrier must, however, hold a valid EU Community licence issued by the competent authority in its Member State of establishment. A different analysis applies where the undertaking is established in Poland or where the carrier is established outside the EU.

EU Community licence in Poland: which foreign carriers need it?

Under Regulation (EC) No 1071/2009, businesses performing the occupation of road haulage operator must meet four core requirements: effective and stable establishment, good repute, financial standing and professional competence [1]. For international carriage of goods within the EU, the carrier must also hold a Community licence under Regulation (EC) No 1072/2009 [2].

A foreign company established in another EU Member State should therefore use the Community licence issued in its home country when carrying out international transport to, from or through Poland. A certified true copy of the licence must be carried on board each vehicle and presented at the request of an authorised inspection officer [2].

A Polish application is generally relevant where the undertaking is established in Poland and seeks authorisation to pursue the occupation of road transport operator and a Community licence for international road haulage. In Poland, authorisation to pursue the occupation of road transport operator is generally issued by the starosta competent for the undertaking’s registered office, while the Community licence is issued by the General Inspector of Road Transport (Główny Inspektor Transportu Drogowego) [3][4].

Transport licence for a foreign company in Poland: establishment is decisive

A foreign company should assess whether its planned structure meets the requirements for a genuine and stable establishment in Poland. A registered address alone is insufficient. The undertaking must have premises, access to relevant documents, vehicles at its disposal and an effective operational presence consistent with Article 5 of Regulation (EC) No 1071/2009 [1].

The legal structure should be assessed before operations begin. Using a Polish subsidiary, branch or logistics base without properly allocating licences, transport management and vehicle documentation can expose the business to administrative penalties and operational interruption.

Good repute and financial standing requirements for carriers

When a Polish authorisation is required, the undertaking must designate a transport manager with a genuine and continuous link to the business. The transport manager must hold a certificate of professional competence. A certificate issued by another EU Member State is recognised under EU rules, subject to verification of its validity [1].

Good repute is assessed in particular in the light of convictions or penalties concerning commercial law, insolvency, pay and employment conditions, road traffic, professional liability, trafficking in persons and drugs. The competent authority may also examine the most serious infringements listed in Annex IV to Regulation (EC) No 1071/2009, including infringements concerning drivers’ hours, working time, tachographs, roadworthiness and access to the road haulage market [1].

Financial standing must normally amount to at least EUR 9,000 for the first vehicle used and EUR 5,000 for each additional vehicle. For vehicles or vehicle combinations with a permissible laden mass exceeding 2.5 tonnes but not exceeding 3.5 tonnes and used solely in international carriage, the amounts are EUR 900 for the first vehicle and EUR 500 for each additional vehicle [1]. Evidence may include certified annual accounts, a bank guarantee or insurance, including professional liability insurance.

Licences for light commercial vehicles in Poland: the 2.5-tonne threshold

Since 21 May 2022, EU licensing requirements have also applied to operators using light commercial vehicles exceeding 2.5 tonnes and not exceeding 3.5 tonnes in international road haulage for hire or reward. This is particularly relevant to courier, e-commerce and last-mile businesses using vans across the Polish border.

The following statutory exceptions under Article 3(2) of the Polish Road Transport Act should be distinguished carefully [3]:

1. Non-commercial road carriage of persons using vehicles designed to carry no more than nine persons, including the driver.
2. Non-commercial road carriage of goods using vehicles or vehicle combinations with a permissible gross vehicle mass not exceeding 3.5 tonnes.
3. Domestic road carriage of goods using vehicles with a permissible gross vehicle mass not exceeding 3.5 tonnes, as well as vehicle combinations consisting of a motor vehicle with a permissible gross vehicle mass not exceeding 3.5 tonnes and a trailer or semi-trailer.

These exceptions do not remove the EU licensing obligation for international commercial carriage using vehicles above 2.5 tonnes. The factual circumstances, route and contractual model must be reviewed before relying on an exemption.

Cabotage in Poland and third-country carriers

An EU carrier may perform cabotage in Poland only within the limits set by Regulation (EC) No 1072/2009. Following an incoming international carriage, up to three cabotage operations may generally be performed within seven days of the last unloading during that incoming carriage. A four-day cooling-off period applies before the same vehicle can perform further cabotage operations in the same Member State [2]. Transport documentation must demonstrate compliance with these conditions.

Carriers established outside the EU cannot rely on an EU Community licence. Their access to the Polish market depends on applicable bilateral agreements, EU arrangements, ECMT permits or other permits required for the particular transport operation. The legal position depends on the carrier’s country of establishment, the country of registration of the vehicle and the route.

GITD licence application: practical preparation

An application for a Community licence submitted to the General Inspector of Road Transport should be prepared with supporting corporate, financial and operational documents. Typical evidence includes registration documents, proof of establishment, documents concerning vehicles, the transport manager’s certificate, declarations regarding good repute and financial-standing evidence. Documents issued abroad may require a sworn Polish translation and, depending on the country of origin and document type, legalisation or an apostille.

Incomplete documentation can delay market entry. More importantly, operating without the required authorisation may result in fines and, where applicable, prohibition of further transport until the relevant legal requirements are met.

This is informational material, not legal advice. For an assessment of licensing, cabotage and compliance risks in a specific transport model, contact Lawyersinpoland.com by Kopeć & Zaborowski before commencing operations.

FAQ – Road Transport Licence in Poland

Does an EU carrier need a separate Polish road transport licence?

Usually not. An EU carrier established in another Member State may use its valid Community licence for international transport involving Poland. A Polish authorisation and Community licence may be required where the undertaking is established in Poland.

What is a Community licence in Poland?

A Community licence is an EU authorisation allowing an eligible road haulage operator to perform international carriage of goods within the EU. A Polish-established carrier obtains it from the General Inspector of Road Transport.

Do vans require a transport licence in Poland?

For international commercial carriage, operators using vehicles exceeding 2.5 tonnes and not exceeding 3.5 tonnes are subject to EU operator-licensing rules. Domestic operations may be treated differently under the Polish Road Transport Act.

What is required from a transport manager?

The transport manager must have professional competence, good repute and a genuine, continuous connection with the carrier’s transport activities. The person must effectively manage transport operations rather than act only formally.

Can a foreign carrier perform cabotage in Poland?

Yes, but only within the limits of Regulation (EC) No 1072/2009. The carrier must meet the applicable numerical, timing and documentation requirements.

What are the financial-standing requirements for a Polish transport licence?

The standard threshold is EUR 9,000 for the first vehicle and EUR 5,000 for each additional vehicle. Lower thresholds apply to certain light commercial vehicles used exclusively in international carriage.

Bibliography

[1] Regulation (EC) No 1071/2009 of the European Parliament and of the Council of 21 October 2009 establishing common rules concerning the conditions to be complied with to pursue the occupation of road transport operator, as amended, including by Regulation (EU) 2020/1055.

[2] Regulation (EC) No 1072/2009 of the European Parliament and of the Council of 21 October 2009 on common rules for access to the international road haulage market, as amended, including by Regulation (EU) 2020/1055.

[3] Polish Act of 6 September 2001 on Road Transport (Ustawa o transporcie drogowym), consolidated text available through the Polish Internet System of Legal Acts (ISAP).

[4] General Inspectorate of Road Transport (GITD), official information on Community licences and permits for international road transport.