Running your own business is often associated with the need to transport goods or people in the scope of activities strictly related to company management, aimed at supporting the main sphere of the company's activities. In other words, it is a transaction of a commodity with which the entrepreneur has a close relationship: it has been produced, sold, bought, leased or repaired by him. In the above case, a transport license is not required! Such procedure is called own-account transport training , which can be performed only if you receive a special certificate for domestic or international transport, depending on whether it is performed in Poland or abroad.
The principles of performing and the definition of non-profit road transport training, in other words, transport for own needs, was specified in the Act of 6 September 2001 on road transport as: "each journey of a vehicle on public roads with or without passengers, loaded or unloaded, intended for for free national and international road transport of passengers or goods, performed by the entrepreneur as an alternative to his basic business activity, meeting all of the following conditions:motor vehicles used for transport are driven by the entrepreneur or his employees,the entrepreneur has a legal title to dispose of motor vehicles,
in the case of a loaded vehicle - the goods transported are the property of the entrepreneur or have been sold by him, bought, rented, leased, manufactured, excavated, processed or repaired, or the purpose of the journey is to transport people or goods from the enterprise or to the enterprise for its own needs, and transport training of employees and their families,
it is not transport as part of business activity in the field of tourist services; "
In order to start performing domestic non-profit road transport, it is necessary to obtain a certificate that confirms the entrepreneur's declaration of conducting such transport for own needs in the national non-profit road transport of passengers or goods. This certificate is issued by the starost competent for the company's seat for an indefinite period. So what must be done and in what order to obtain the certificate? The first stage is a visit to the district office in order to submit the following documents:
an application containing: the name of the entrepreneur, his address and seat or place of residence, information about the entry in the Central Register and Information on Economic Activity (CEIDG) or the number in the register of entrepreneurs in the National Court Register (KRS), tax identification number (NIP), proxy data if it has been designated and the type and scope of road transport
List of motor vehicles containing:
- make, type,
- type / intended use,
- registration number,
- VIN number,
- indication of the type of legal title to dispose of the vehicle.
Proof of payment of the fee for issuing the certificate
A certificate of clean criminal record for the entrepreneur who performs the transport personally, the drivers employed by him and the people who are not employed, but who perform the transport for the entrepreneur personally, dated not earlier than one month before submitting the application
In the regulation of the Minister of transport training, Construction and Maritime Economy of 6 August 2013 on the amount of fees for administrative activities related to road transport and for examining and issuing a certificate of professional competence, the fees for issuing the said certificate and in accordance with its content were specified:
For issuing a certificate for an indefinite period - PLN 500
For an extract from the certificate for an indefinite period - PLN 100
The next step is the issuance by the poviat starosty of a certificate confirming the declaration of road transport for own needs in the national non-profit road transport of people or goods. However, it should be borne in mind that this certificate authorizes driving only by the entrepreneur or his employee!
It has been specified above, in which cases a certificate for personal transport is required. Let us therefore move on to the exemptions from this obligation. The certificate is NOT required if transport takes place as part of universal postal services,transport training is carried out by entrepreneurs authorized to perform road transport, e.g. a permit to perform the profession of a road transport operator,farmers within the meaning of the Act of 20 December 1980 on the social insurance of farmers.and when:
- vehicles are used to transport no more than 9 people including the driver,
- the permissible total weight of the vehicle or vehicle combination does not exceed 3.5 tons.
International non-profit road transport
What if the transport takes place outside our country? As in domestic road transport - as an aid to your basic economic activity, it is possible after obtaining a certificate for international road transport. You should apply for a certificate for own transport in international road transport at the Main Road Transport Inspectorate (Bureau for International Transport) at: Al. Jerozolimskie 94, 00-807 Warsaw. It is worth noting that GITD allows you to settle the matter during a visit to the office and by mail. In addition, in the case of passenger transport training also electronically. The list of documents to be submitted in order to obtain the certificate is the same as in the case of the certificate for domestic transport. The validity of the certificate issued by the Chief Inspector of Road Transport is up to 5 years. This certificate also entitles to perform non-profit road transport in the territory of the Republic
In the ordinance of the minister of transport, construction and maritime economy of 6 August 2013 on the amount of fees for administrative activities related to the performance of road transport and for examining and issuing a certificate of professional competence, fees for issuing the said certificate were specified and they depend on the period for which certificate
Summing up, in order to avoid a financial penalty for performing the transport training for one's own needs without the required certificate, please read the above information. The amounts of the fines are included in the appendices to the Road Transport Act. According to them, the performance of transport for own needs without a proper certificate results in a fine of PLN 1,000 imposed on the entrepreneur, and failure to provide the driver with an appropriate excerpt - PLN 500 for the transport manager. Moreover, if the transport is not performed in accordance with its intended purpose, the re-issuance of the certificate will be possible only after 3 years.