What can put your haulier’s licence at risk?
>If an infringement other than a criminal offence is committed, the carrier will not lose their licence automatically. The severity of the violation in Poland is not determined by the amount of the given penalty, but by its seriousness. The decision to revoke a carrier’s licence will be preceded by a good reputation assessment.
Table of contents
What is a carrier’s good reputation?
A carrier’s good reputation refers to the overall perception and trust that the transport industry and the community have in a carrier. It is an assessment based on behaviour, legality of operations and adherence to ethical standards in the transport environment. In the context of transport law, a carrier’s good reputation not only affects their image among customers and colleagues, but also has legal implications.
Various factors are taken into account when assessing the good reputation of a carrier, such as:
- Compliance with regulations: The haulier should act in accordance with the applicable regulations and standards regarding safety, drivers’ working hours, technical condition of vehicles, etc.
- Ethics and integrity: A good reputation for a carrier is linked to avoiding fraud, falsification of documents or acting dishonestly towards customers or business partners.
- Safety: The haulier should take care of the safety of both their employees and other road users by keeping vehicles in proper technical condition and complying with traffic regulations.
- History of operations: A good reputation is built over time through the behaviour, actions and history of the carrier in the market.
- Quality of service: The offer and quality of the services provided also affect the reputation of a carrier.
A carrier with a well-preserved reputation is recognised as a reliable, honest and competent player in the transport market.
Classification of infringements
Differences between categories of violations in road transport, such as:
- Serious Violations (PN),
- Very Serious Infringements (BPN),
- Most serious infringements (NN),
are usually related to the level of seriousness of the offence and its potential consequences.
Serious Violations (PN) and Very Serious Violations (BPN) will trigger Good Reputation proceedings if committed repeatedly. If the most serious infringement (NN) occurs, only one such breach is sufficient to trigger the procedure and thus the loss of the licence.
Serious Violations (PN)
These are offences of some seriousness, but they do not reach the highest level of severity. The financial penalty for these violations may be relatively high, but it is not the highest possible. Such violations also do not involve an automatic loss of good reputation for the company.
An example of such a violation could be:
- exceeding driving time: a fine of up to PLN 550,
- transporting hazardous materials without the required documents or transporting goods without the relevant permits: penalty of up to PLN 12,000.
Very Serious Infringements (BPN)
They represent extremely serious offences that have a greater impact on road safety or compliance. Financially, they are also more costly than serious violations (PN). They also do not involve instant loss of a haulier’s licence, but more than a few infrindgements of this type would still put the company at risk of losing their good reputation and thus, their licence.
- driving without the required technical inspection: a fine of up to PLN 2,000 (per vehicle),
- or exceeding significantly the permitted weight of the vehicle: a fine of up to PLN 10,000.
Most serious infringements (NN) – what can revoke your lincence?
The most serious infringements are, like the name suggests, the most serious and dangerous road transport offences that pose a major risk to road safety or the operation of the transport industry as a whole.
The financial penalty usually reaches the highest possible rate, but is not an indicator for the loss of good reputation – and therefore the loss of a haulier’s licence. The price for most serious infringements can be lower than serious or very serious infringements, but the consequences will always be more severe.
Below is a list of some of the most serious infringements and a list of who is responsible for them and how high the penalty is for them.
All of the above violations are the most serious violations (NN) and, as such, will automatically result in the initiation of proceedings for loss of good repute of a company.
Infringement … and what next?
The amounts of financial penalties for road transport infringements can vary depending on the jurisdiction, changes in the applicable legislation and the specific circumstances. It is important to remember that any infringement can be consulted with a law firm and, in the event of a good reputation action, there is a defence and the possibility to preserve the good reputation.
A legal consultation can also help to develop, implement and document an appropriate remediation plan to save the company’s