As of November 1, 2024, non-European Union carriers must comply with the RMPD procedure, and its compliance is being monitored. If an inspection reveals irregularities, a report is drawn up, and the carrier must pay a deposit towards a potential fine, which is equal to the amount of the fine. The payment of the deposit is a condition for the release of the vehicle and goods for further drive. If the deposit is paid in cash, the vehicle is immediately released. In the case of a bank transfer, the waiting time for the release of the vehicle may take several days. This article focuses on the issue of the deposit within the RMPD procedure during inspection. For more information on RMPD and SENT obligations, refer to other articles on our website. We also encourage you to read our RMPD guide which will help you meet your obligations and avoid high fines. By ordering the guide, you will receive it immediately by email in both Polish and Ukrainian versions.
How to pay the RMPD deposit?
For transports reported by foreign carriers to the RMPD register, the issue of the deposit is governed by article 94 paragraph 4 and 5 of the Road Transport Act. According to these regulations, the deposit can be paid in the form of:
- Cash with a receipt, or
- Non-cash – a bank transfer to a designated account of the administrative authority, or
- By payment card – if the entity collecting the deposit has the appropriate device for authorizing payment transactions.
Therefore, if irregularities are found during the RMPD transport inspection, the foreign carrier can pay the deposit in cash, by transfer, or by payment card, provided the entity collecting the deposit has the proper device for authorizing the payment transactions.
Payment of RMPD deposit by bank transfer
Inspectors cannot refuse to accept a bank transfer for the deposit, as this option is specified in the law. However, it is important to remember that in the case of a bank transfer, the date of payment is considered to be the date the funds are received in the bank account of the administrative authority. Only then the vehicle and goods can be released for further drive. In practice, when paying by transfer, the whole process may take several days, especially if non-working days (so-called bank holidays) are involved, which can lead to delays. For this reason, the deposit is most often paid in cash with a receipt. In such cases, it is crucial to pay attention to the correct amounts written on the receipt and to keep the receipt in order to avoid any potential mistakes.
Paying the deposit does not mean the case is concluded
Paying the deposit does not mean the matter is concluded. In some situations, it is possible to get back the deposit after clarifying all circumstances. The deposit is paid as a guarantee for the execution of the fine, but it is not the fine itself. Each case should be considered individually.
Our law firm has over 7 years of experience in handling cases related to the SENT Act, having operated since its inception. We have handled hundreds of such cases, gaining valuable experience. If you need assistance with SENT or RMPD matters, please contact Attorney Dr. Dawid Korczyński | Transport Law Firm.
Authors: advocate dr Dawid Korczyński, Izabela Śmiejczak
