The amendment of the provisions of the Road Transport Act and some other laws is the result of a dispute between taxi drivers and drivers working via online platforms (such as popular Uber or Bolt). The revised wording of the Act constitutes a kind of compromise between the interests of taxi corporations and online transport platforms. However, according to experts, this is a compromise with an indication of the interests of taxi drivers.
The essence of change
Although the bill introduces a number of changes, the most important seems to be two. After first, applicable from 1 January The rules introduce an obligation for drivers providing the service through the application to identify themselves with an appropriate licence.
In addition, drivers are required to have up-to-date medical examinations, a certificate of non-criminality and – a special car marking. On the other hand, the licensing regulations have been liberalised and it no longer requires topographical knowledge of the city.
Operators carrying out intermediation in the transport of persons therefore have three months to obtain a brokering licence for the carriage of persons
second The liberalisation of taximeters and fiscal cash registers rules is a very important change. These devices can be replaced by mobile applications (Article 13b Road Transport Laws) and ‘software registration bills (Article 111b VAT Act).
No implementing and transitional provisions
To 31 March a transitional period. Operators carrying out intermediation in the transport of persons therefore have three months to obtain a brokering licence for the carriage of persons. The transitional rules do not indicate how long it takes to obtain a licence for drivers employed by carriers themselves. According to the interpretation proposed by some experts, the three-month period for compliance with the new rules also applies to drivers.
However, given the above problems with the interpretation of the transitional provisions and the lack of implementing rules, it seems that it may be too short for drivers to meet the new requirements. This is mainly about the process of obtaining a licence, because the printing and delivery of it by the Polish Securities Company takes approx. 3 weeks.
Similarly, when implementing rules on replacing taximeters and cash registers with mobile applications, regulation and alignment of existing solutions are needed.
Consequences of change
Although the amendment cannot be described as "revolutionary", it will have consequences that will affect both drivers, corporations and their customers. Experts indicate that the obligation to hold a licence may discourage some drivers from driving. This in turn can result in an increase in transport prices that will affect users of the application.