A few months ago in an entry It's easier to wage dispute with the ITD informed, that the President has decided to facilitate the transport operators to appeal against decisions of the General Inspector of Road Transport of fines for breaches of road transport and to allow the syntax of complaints to the provincial competent administrative courts because of the applicant, not – so far – the Administrative Court in Warsaw. Unfortunately, there are indications, that on 1 January 2012 r. facilitation expire.
Probably many readers will ask themselves the question – why after several months of the legislature withdraws from the rational idea? The answer is simpler than it may seem. It is difficult to talk about the fact intentional act. Just again, fault messy legislator.
Recipe Regulation of the President 18.04.2011 r. passed the provincial administrative courts competent for the affairs of the applicant concerning the imposition of financial penalties, referred to in Article. 92 Road Transport Act. In this recipe because so far the issue is regulated financial liability of transport undertakings for infringements of the Road Transport.
Unfortunately, by the enactment of the legislature on 16.09.2011 r. Law amending the Law on road transport and some other acts successfully not only spoil transport law (what I wrote in an entry Diet broke traffic right), carriers but also make it difficult disputes with ITD. Ignoring for the content of the President, penalties in the law on road transport switched to art. 92a, w art. 92 regulating the responsibility of drivers and enforced in proceedings in misdemeanor cases. From 01.01.2012 r. w art. 92 Road Transport Act, therefore, will not be penalties, which can be appealed pairs. 1 Decree of the President.
In this situation the only solution is to change the provisions of Regulation. I turned to the Office of the President, asking, whether such changes are planned. As soon as I get an answer, I will of course know about it.
