Back to the insights archive
Legal updates

From first ‘lex uber’ applies on the day of the new year. Changes for drivers and customers

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 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 bill is a kind of compromise...

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.

Author: Przemysław Lach, Council applicant Russell Bedford

Continue exploring our insights.

View the full archive
Legal updates

Obligations of traders to provide non-cash payments

As part of the amendment package under the noisy name Polish Deal, which most of the solutions entered into force at the beginning of January 2022, to stimulate a new impetus for the gradually growing trend in the market for non-cash payments, and at the same time to counter and combat the gray...

Legal updates

Deduction – what is involved and when possible

Deduction is a legal institution regulated in Article 498-505 KC.

Legal updates

Business secrecy in the context of changes to the Public Finance Act - comment

From 1 July 2022 information on all contracts exceeding the value 500 PLN, which from the beginning of this year have been concluded by public authorities (including JST), will be public and will be entered in the register kept by the Minister of Finance.