On November 1, 2024, regulations regarding the RMPD system came into force, and by November 2, a deposit of 12,000 PLN was collected from a carrier crossing the Polish border for failing to report in the system. This obligation applies to foreign carriers conducting transport through Poland, to Poland, and within Poland. Those who fail to meet this requirement must expect penalties. Details about this obligation were discussed in our articles on our website. In this post, we focus on sanctions related to violations of SENT RMPD rules and the possibilities of appealing against penalties. We also point out that since the beginning of 2025, the number of RMPD inspections has noticeably increased, as well as the number of detected violations and collected deposits. SENT RMPD appeal
RMPD is a new obligation since November 2024
Since November 1, 2024, a new SENT RMPD reporting requirement has been introduced, affecting all foreign carriers carrying out transport through Poland (transit), to Poland, or within Poland (cabotage). This obligation also applies to carriers from Ukraine. It is important to distinguish SENT RMPD from SENT GOODS, which concerns specific types of goods. In some cases, these two obligations may overlap, meaning that the carrier may be required to make two separate SENT reports. Details of this process are explained in our „SENT Step by Step” guide, which has been prepared in both Polish and Ukrainian versions.
Additional RMPD obligations starting January 1, 2025
On January 1, 2025, another part of the RMPD regulations came into effect, covering certain carriers from the European Union. The new obligations apply to transport carried out by EU carriers that takes place partly outside the European Union and requires obtaining a foreign permit. Polish carriers are exempt from this obligation and do not need to make RMPD reports. Importantly, if international regulations binding Poland regarding road transport exempt carriers from the requirement to have such permits, then EU carriers musthttps://prawnicytransportu.pl/sent-rmpd-odwolanie-od-kary/ also report their trips to the registry. Details on this topic are discussed in the article „SENT RMPD 2025: Key Changes for EU Carriers.„
Penalties for SENT RMPD
In the event of a violation of the obligations related to SENT RMPD, carriers and their drivers can face penalties. Carriers may be fined 12,000 PLN, while drivers may receive a fine of 2,000 PLN. If a driver decides to accept the fine, there is no option to appeal it. Details regarding this issue are discussed in the article „SENT-Fine. When should a driver refuse to accept the fine?” In the case of a company, the penalty is imposed through an administrative procedure, meaning via a decision. SENT RMPD appeal
Penalty for each violation
Since the SENT RMPD obligation is relatively new, there is still a lack of full data on how penalties are being applied. However, it should be assumed that penalties will be imposed for each detected violation. In the case of multiple violations, the total amount of fines could become very high and severe. Therefore, foreign carriers should exercise due diligence to avoid violations and comply with the regulations.
Deposit from the Carrier
For foreign carriers, a deposit is collected as a guarantee for the potential penalty, which is usually 12,000 PLN. Payment of the deposit is a necessary condition for releasing the vehicle to continue the drive. If the carrier refuses to pay the deposit, the vehicle will be directed to a parking area, where it will be stored until the deposit is paid or the imposed penalty is settled. More information on the deposit and how to pay it can be found in the article „RMPD Deposit During Inspection.”
Is it possible to waive the penalty? SENT RMPD appeal
In the case of SENT obligations related to the transport of goods, the regulations allow for the possibility of waiving a penalty, as discussed in our articles „SENT – Is It Possible to Avoid Penalties for Mistakes?„ and „SENT – Waiving the Penalty.„ However, in the case of SENT-RMPD, the imposition of penalties is governed by the provisions of the Road Transport Act, which does not provide for the possibility of waiving the penalty. The question remains whether the provisions regarding waiving penalties in the Code of Administrative Procedure could apply to these fines. Practice suggests that this issue may be contentious. From our perspective, as a law firm, we have judgments of administrative courts that allow for the waiving of penalties based on the Road Transport Act. Nonetheless, we expect that this issue will remain contentious between carriers and authorities for some time. It is important to note, however, that the provisions of the Road Transport Act foresee, in certain situations, the possibility of definitively discontinuing proceedings regarding the imposition of a penalty.
Authors: advocate dr Dawid Korczyński, Izabela Śmiejczak
