Polish Road Transport Inspection (ITD) controls on the road and in the company - What you should know

Why does ITD controls companies and drivers?

Polish Road Transport Inspection carries out its tasks through systematic controls conducted both on the road and at transport company headquarters. Understanding the reasons why ITD conducts such inspections allows entrepreneurs to better prepare for potential verification and avoid severe financial consequences.

What are the reasons for ITD controls?

Contrary to common belief, ITD inspections of transport companies don’t always result from suspected violations. A company may be selected for a routine inspection through random selection from the transport company database. However, the most common reason for company inspection is previous violations detected during earlier roadside checks.

The Inspection may also initiate control actions when it has reasonable doubts about whether the company meets the requirements regulated by appropriate ordinances. Another significant reason is when a company exceeds the risk factor for violations, which stems directly from the Act on Freedom of Economic Activity.

It’s also worth knowing that cross-checks are an increasingly common practice - other state authorities, such as the Tax Office or the National Labor Inspectorate, may request inspections by ITD inspectors.

Can a tip-off or complaint initiate an inspection at a transport company?

Tip-offs or complaints are another reason why road inspectors control transport companies. Such reports can come from various sources - from competing businesses (especially in the case of passenger transport on regular lines), former employees dissatisfied with employment conditions, and also from passengers in the case of companies engaged in passenger transport.

After receiving such a complaint, the Inspection has a statutory deadline of 30 days to consider it. It should be emphasized that every ITD inspection at a company must always be announced, even if its direct cause is a tip-off. According to current regulations, the inspection cannot take place earlier than 7 days after the delivery of information about the planned verification.

Who Is subject to Polish Road Inspection controls?

All entities participating in road transport are subject to inspection carried out by the Road Transport Inspection. These are primarily transport companies operating vehicles with a permissible total weight exceeding 3.5 tons or designed to carry more than 9 people including the driver.

Professional drivers are also inspected, both when performing domestic and international transport. ITD has the right to verify not only companies with road transport licenses but also businesses using vehicles equipped with digital tachographs, regardless of the form of vehicle possession or type of cooperation with drivers.

The Inspection also controls foreign carriers operating in Poland, checking their authorizations to perform cabotage and international transport.

It’s worth emphasizing that even companies conducting auxiliary activities in relation to transport, such as freight forwarders or transport organizers, may also be subject to inspection, particularly regarding documentation of commissioned transport.

How to prepare for an Polish Road Transport Inspection control at your company?

Polish Road Transport Inspection control at a company is a complex process that requires proper documentation preparation and implementation of appropriate procedures. A carrier receiving notification of intended inspection initiation has a minimum of 7 days to prepare for it. This time is worth using well to avoid unnecessary penalties and problems.

The course of ITD Inspection at a transport company in Poland

The course of an ITD inspection at a transport company primarily involves checking the required control documents. However, in addition to this, ITD’s authority regarding inspection gives inspectors the possibility to verify:

• Implementation of effective supervision policy;
• Processes of delegating responsibilities;
• Method of route planning and information flow in the company;
• Working time control;
• Compliance with deadlines for collecting data from driver cards and tachographs.

Preparation for ITD Inspection - Required documents

During the visit of ITD inspectors at a transport company, the documentation of drivers and the company itself is checked. It is therefore necessary to prepare documents for inspection. The lack of any of them may result in financial penalties, and the most important control documents during a road transport inspector’s visit are:

• Permit to practice as a carrier or license authorizing road transport;
• Professional competence certificates of transport managers;
• List of vehicles used for transport activities along with their technical documentation;
• Copies of drivers’ licenses and documents confirming current medical and psychological examinations;
• Certificates for drivers who are not EU citizens;
• Contracts with drivers and a list of employees employed during the period covered by the verification of the legality of driver employment;
• Insurance policies for all vehicles;
• Documents confirming the right to use the operational base.

Let’s add that checking the legality of driver employment is also within ITD’s inspection authority. Therefore, it’s worth creating a binder or electronic database with the above documents to have quick and easy access to them if needed.

We also encourage you to read our article: Essential Transport Documents

What does the Polish Road Transport Inspection check in the case of drivers’ working time?

In the case of an ITD inspection, the record of drivers’ working time is also checked, and road transport inspection inspectors pay special attention to the completeness and correctness of this documentation. Therefore, before inspection, it is crucial to prepare documents for the control of drivers’ working time, among which the following can be distinguished:

• Data from tachographs and driver cards from the entire period covered by the working time control (usually up to 12 months back);
• Printouts from driver cards and digital tachographs;
• Record sheets divided by individual drivers;
• Additional documentation, e.g., certificates of non-driving;
• Analysis of possible violations of drivers’ working time along with explanations.

Failure to keep records of drivers’ working time constitutes an offense against employee rights and may result in serious financial consequences for the entrepreneur. Therefore, it should be maintained on an ongoing basis and with due diligence.

If you need support in managing documentation or in accounting for drivers’ working time, we’ll be happy to help! Contact us and rely on the support of Evotax specialists!

What procedures are worth implementing before an ITD control?

To effectively prepare for inspection and minimize the risk of detecting irregularities, we recommend implementing the following practices:

• Systematic collection and archiving of data from tachographs and driver cards (at least once every 28 days);
• Regular verification of drivers’ work for potential working time violations;
• Organizing training for drivers on proper tachograph operation and compliance with regulations;
• Implementation of a violation monitoring system and preventive procedures;
• Investment in specialized software for working time analysis (especially useful in larger companies);
• Consultations with a lawyer specializing in transport law;
• Conducting internal documentation audits.

Remember that the best strategy for positively passing an ITD inspection is daily compliance with regulations. Regular care for the correctness of documentation and compliance with transport regulations significantly facilitates the control process and minimizes the risk of imposing penalties.

What does a control on the road and in the company by ITD look ike?

Among the controls conducted by the Road Transport Inspection (ITD), two types of inspection processes can be distinguished:

• Direct course of road control;
• Direct control of the transport company at its headquarters.

How does road control differ from company control?

Regarding the course of road control conducted by ITD - this is carried out by a uniformed ITD inspector who has a service ID and an identification mark. The inspector moves in a marked service vehicle and when stopping a vehicle is obliged to introduce themselves, giving their rank, name and surname, and the reason for the control.

The basic difference between road control and transport company control at its headquarters is that the former is always unannounced. However, in the case of control at a company, the firm must be notified at least 7 days before its commencement.

Additionally, the scope of company control is much broader - it covers data from tachographs from the last 90 days and data from driver cards from the last 56 days.

It’s also worth emphasizing that during the course of road control of vehicles and drivers conducted by ITD, only documents related to the currently performed transport are checked. However, during control at the company headquarters, Road Transport Inspection inspectors can verify documentation even up to 12 months back.

Professional drivers and their rights and obligations during ITD road control

A driver performing transport of goods or persons stopped for road control is obliged to comply with the signals and instructions of the inspector. They must also present all required documents, including:

• Driving license;
• Vehicle registration certificate;
• Extract from the transport license;
• Records from the tachograph;
• Transport documents.

It is also the driver’s obligation to enable the ITD inspector to conduct the inspection, e.g., by allowing entry to the vehicle and control of measuring devices, including the tachograph.

However, the controlled driver performing road transport is not deprived of rights during the inspection. They have the right to observe all activities performed by the inspector and to raise objections when the ITD inspection protocol is being drawn up. Importantly, the driver may refuse to sign the inspection protocol if they disagree with its content. This fact will only be noted in the documentation. Remember that according to regulations, the driver during inspection represents the carrier by virtue of the law.

How long does an ITD inspection last depending on the size of the company?

The duration of inspection at a company is strictly defined and depends on the size of the enterprise:

• 12 working days for micro-enterprises;
• 18 working days for small enterprises;
• 24 working days for medium-sized companies;
• 48 working days for large enterprises.

The above periods refer to the total duration of all inspections carried out in one calendar year. It’s worth knowing that the course of ITD inspection should begin no later than 30 days from the delivery of the notification.

If this deadline is exceeded, the inspection must again notify the entrepreneur of the intention to initiate control.

What consequences threaten for irregularities?

Detection of irregularities during the course of ITD inspection is not only an image problem but primarily specific financial and administrative sanctions. If cases of regulatory violations are detected, both drivers and transport companies must face serious consequences.

Is lack of documents a serious violation?

Lack of required documents during inspection may have various consequences, depending on the type of missing document. For example, failure to present an extract from the license involves a penalty of 200 zlotys for the driver and 500 zlotys for the transport manager.

For lack of record sheets for days subject to control, penalties from 500 to even 1500 zlotys are provided.

However, it should be emphasized that the weight of the violation is determined primarily by its qualification, not the amount of the penalty. Violations are divided into three categories:

• Serious Violations (SV)
• Very Serious Violations (VSV)
• Most Serious Violations (MSV)

In the case of Most Serious Violations, even one such offense may initiate a procedure leading to the loss of license, which constitutes a serious threat to the further functioning of the enterprise.

At this point, we also encourage you to read another of our articles: Good reputation in transport and consequences of losing it

What actions can ITD take after inspection?

After detecting violations, the Road Transport Inspection (ITD) may initiate administrative proceedings against the entrepreneur. In the case of finding multiple serious violations, in accordance with Art. 6 sec. 1 lit. b of Regulation (EC) No. 1071/2009, a procedure for withdrawing extracts from the Community license and suspending the issuance of additional extracts may be initiated.

The system provides for gradation of consequences depending on the number and weight of violations. Three serious violations or one very serious violation per vehicle per year results in a warning being issued. The second very serious violation within a year leads to the withdrawal of part of the extracts from the license, and the third very serious violation causes the initiation of proceedings regarding the fulfillment of the requirement of good reputation.

Moreover, the authority of the ITD inspector also gives them the possibility to detain the vehicle by ITD until technical defects are removed or missing documentation is supplemented. In extreme cases, the control may end with the loss of the transport license and a complete ban on conducting activities, which de facto means the end of the transport company’s functioning.

Control of a transport company by the Polish Road Transport Inspection (ITD) - Summary

ITD controls constitute an integral element of the functioning of the transport industry in Poland and concern various aspects, among which can be distinguished, among others:

• Control of drivers’ work;
• Control of data from driver cards;
• Control of drivers’ sobriety;
• Control of transport legality;
• Control of goods transport.

In connection with this, both for carriers and professional drivers, knowledge of control procedures and applicable regulations is crucial - it allows avoiding serious financial and administrative consequences.

First of all, it’s worth remembering that the reasons for ITD control are not always suspicions of regulatory violations. They are often part of routine inspection activities or a consequence of earlier road controls. In many cases, they may also be the effect of a tip-off or complaint filed by competition, former employees, or dissatisfied customers. However, it should be emphasized that if ITD plans to visit the company headquarters, it cannot be an inspection without notice. Such inspection must be announced at least 7 days in advance.

However, when the control is to take place, it is necessary to prepare for it appropriately by completing the required control documents.

It should also be remembered that the control procedure differs depending on the place of its conduct. In the case of ITD control on the road, the driver is obliged to enable the road inspector to conduct the road control, e.g., by allowing them entry to the vehicle or ensuring access to data.

In turn, the consequences of violations of transport regulations can be exceptionally severe. In addition to financial penalties reaching even 30,000 zlotys, entrepreneurs risk losing their good reputation, withdrawal of extracts from the license, and in extreme cases - a complete ban on conducting transport activities. Similarly, drivers are exposed not only to fines but also to detention of their driving license or other authorizations.

If you know that your transport company is facing an ITD inspection and you need help in preparing the company for inspection or other aspects related to its operation, e.g., in drivers' payroll calculation or personnel and payroll issues, contact us, and our specialists will be happy to provide support!

Polish Road Transport Inspection (ITD) at a transport company - Frequently asked questions

Below we have collected the most frequently asked questions we receive on the topic of ITD inspection at a transport company. We have also provided answers to them. However, if among them there is no issue that concerns you, we encourage you to contact us!

How long does an ITD inspection at a transport company last?

The duration of an ITD inspection at a company depends on its size. For micro-enterprises, it’s a maximum of 12 working days, for small companies 18 days, for medium-sized 24 days, and for large enterprises up to 48 working days in a calendar year.

How does an ITD inspection proceed and what documents should be prepared for a control at the company headquarters?

An ITD inspection primarily involves checking documentation concerning the transport company. The most important control documents are: permit to practice as a carrier or license, professional competence certificates, list of vehicles, copies of drivers’ licenses, documents confirming medical examinations, driver certificates, contracts with employees, insurance policies, and documentation concerning the operational base.

Is an ITD inspection at a company always announced?

Yes, an ITD inspection at the company headquarters must be announced. The company receives notification at least 7 days before the planned inspection, which gives time for appropriate documentation preparation.

What penalties threaten for violations detected during an ITD inspection?

Penalties for companies range from 50 to 12,000 zlotys for an individual violation. The maximum sum of penalties depends on the size of the company and may amount from 15,000 to 30,000 zlotys. Drivers may receive a fine of up to 2,000 zlotys, and for serious offenses, such as tachograph manipulation, even up to 10,000 zlotys.

Is lack of one document during an ITD inspection a serious violation?

The weight of the violation depends on the type of missing document. For example, lack of an extract from the license results in a penalty of 200 zlotys for the driver and 500 zlotys for the transport manager. More important than the amount of the penalty is the qualification of the violation - they are divided into Serious, Very Serious, and Most Serious Violations, which may affect the further functioning of the company.