The regulatory framework applicable in Poland arises from EU legislation.
The general system for type approval in Poland is set out in the Act on Road Traffic of 20 June 1997, and in the Decree of the Minister of Transport, Construction and Maritime Economy of 25 March 2013 on the approval of motor vehicles and their trailers, and of the systems, components and separate technical units intended for these vehicles. The above acts implement Directive 2007/46/EC of 5 September 2007 and follow its provisions.
The Act on Road Traffic sets out the general system for EU-type and UN/ECE approval. The Decree contains administrative provisions, samples of required documents and general technical requirements for the approval of all new motor vehicles and their trailers, and of the systems, components and separate technical units intended for these vehicles. It sets out the procedures that need to be followed in order to obtain approval.
The Act on Road Traffic (article 70d) imposes an obligation on original equipment manufacturers (OEM) of any new type of vehicle, component, or separate technical unit to obtain approval before placing a product on the market. An OEM is exempted from the need to obtain approval under Polish law if this approval has already been granted by the relevant authority of another member state and was accepted by the Polish authorities.
According to article 70d, an OEM is responsible for all aspects of the approval process and for the conformity of production, regardless of whether the OEM directly participates in all of the production stages of the vehicle, component, or separate technical unit.
Apart from the technical requirements stemming from Polish law, an OEM should also comply with the directly applicable EU law regulations, namely Regulation (EC) 715/2007 on the type approval for motor vehicles with respect to emissions ranging from light passenger to commercial vehicles (Euro 5 and Euro 6), as well as on the access to vehicle repair and maintenance information, and Regulation (EC) No. 661/2009 of the European Parliament and of the Council of 13 July 2009 concerning the type-approval requirements for the general safety of motor vehicles, their trailers and the systems, components and separate technical units. An exhaustive list of EU documents applicable to EU type-approval is provided in Annex IV to Directive 2007/46/EC.
The approval is granted by the Polish authorities once the vehicle, component or separate technical unit concerned complies with all the applicable provisions mentioned above. The approval is granted by the Director of Transportation Technical Supervision.
Please note, however, that in May 2018 the Regulation (EU) 2018/858 of the European Parliament and of the Council on the approval and market surveillance of motor vehicles and their trailers, and of the systems, components and separate technical units intended for these vehicles was adopted, and from 1 September 2020 it will replace the framework set by Directive 2007/46/EC.
Owners of new vehicles have the obligation to register their vehicles in accordance with article 71 and following of the Act on Road Traffic.
According to article 72 of the Act on Road Traffic, registration requires, among other things, the vehicle’s compliance with an approved type. For EU type-approved vehicles this is confirmed by the certificate of conformity. According to article 70s of the Act on Road Traffic, an OEM must provide each vehicle that belongs to an approved type with a certificate proving its conformity.
Directive 2009/103/EC of 16 September 2009 relating to insurances against civil liability in respect of the use of motor vehicles, and the enforcement of the obligation to insure against this liability is essentially transposed in the Polish Act of 22 May 2003 on Compulsory Insurance, the Insurance Guarantee Fund, and the Polish Motor Insurers’ Bureau.
According to article 23 of this Act, vehicle owners have the obligation to insure their vehicles.
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