Forwarder liability for posted drivers in Poland
Updated · Rotomal
The carrier, not the forwarder, files the driver posting declaration in IMI. Under Article 35 of Poland's Act of 28 July 2023 on the posting of drivers in road transport, a party that knew or should have known that the transport it commissioned breaches the posting rules is fined PLN 3,000 by the Road Transport Inspectorate or the Labour Inspectorate. Forwarders protect themselves by asking for proof of the declaration on every cabotage and cross-trade order, checking it matches the order and keeping that record.
When transport requires a declaration
| Type of transport | Posting? | Basis |
|---|---|---|
| Cabotage | Yes | Not excluded in Article 4 |
| Cross-trade (between two other countries) | Yes | Not excluded in Article 4 |
| Bilateral transport | No | Article 4(1)(2) |
| Bilateral with extra loading or unloading | No, within set limits and only with a smart tachograph | Article 4(1)(3)–(4) and 4(2) |
| Transit | No | Article 4(1)(1) |
Fines in the Act on the posting of drivers
| Who | For what | Amount |
|---|---|---|
| Commissioning party, e.g. a forwarder | Knew or should have known of the breach (Article 35) | PLN 3,000 |
| Carrier posting a driver to Poland | Breach of obligations under the Act (Article 33) | PLN 4,000–7,000 per breach |
| Driver | No declaration copy at a roadside check (Article 32) | PLN 500 fine |
What to check in the declaration
- Carrier name and Community licence number (where available) match the company you hire.
- Driver's name matches the driver given for the order.
- Registration numbers of the vehicles used for the transport.
- Country and expected posting dates cover the loading and unloading days.
- Type of transport: goods, international or cabotage.
- For a non-EU carrier: a signed posting confirmation issued before the journey.
A simple habit instead of risk
Trans.info advises forwarders to set up a carrier verification procedure, document the steps taken before ordering and require proof of the declaration from the carrier, while noting that this does not automatically exclude liability. Teczka Przewoźnika does this on every order from PLN 149 net a month, and a first check of 10 orders costs PLN 29.
This is not legal advice. For a specific inspection or fine, contact a lawyer or the ITD or PIP.
Questions
How long is a posting declaration valid?
One declaration covers one driver and one country and is valid for six months at most. The carrier must also keep it up to date in the IMI interface (Article 9(5)).
Who imposes the fine on a forwarder?
The Article 35 fine is imposed by administrative decision of the competent ITD or PIP authority. It is payable within 14 days of the decision becoming enforceable.
Sources
- Act on the posting of drivers in road transport, consolidated text, Journal of Laws 2025 item 797 (ELI, Chancellery of the Sejm) Source: api.sejm.gov.pl
- Act metadata, Journal of Laws 2023 item 1523 (ELI, Chancellery of the Sejm) Source: api.sejm.gov.pl
- Trans.info: posting of drivers and IMI, what forwarders should know (28.10.2026) Source: trans.info