Concerns the carriage of goods indicated under the Act of 9 March 2017 on the monitoring system for the road carriage of goods (Journal of Laws [Dziennik Ustaw], item 708), considered to be ‘sensitive’ (e.g. motor fuel, completely denatured ethyl alcohol or dried tobacco).

Article 10a regulates the obligations of the carrier to ensure the submission for registration of current geolocation data notifications relating to the means of transport during the entire route of carriage within the country of sensitive goods covered by the declarations. For this purpose, it is generally accepted that the carrier should equip the means of transport with a locator. However, the carrier may use their own satellite and data transmission equipment, provided they have such equipment, and transmit the required data from it.

Article 10b stipulates that when a means of transport is equipped with a locator, the driver has an obligation to use it accordingly. The free app which changes the electronic mobile device to a locator will be available to everyone on the Public Information Bulletin [BIP] website of the Ministry of Finance. The locator shall be stored in the means of transport. It is the driver’s responsibility to start (switching on without the possibility of switching off during the carriage) the locator before commencing the carriage or immediately after entering the country. The driver is also required to switch the locator off once the goods have been transported and delivered to their destination or left the country. Should the driver fail to switch the locator on and off before delivery of the goods to their destination in the country or before termination of carriage within the country, this will be subject to a fine. Where goods are being transported by the same means of transport to several destinations (one or more receiving entities) within the country, the driver shall switch the locator off only after the goods have been delivered to their final destination.

Mobile devices with installed software will keep the driver informed by means of messages displayed on the device screen of any incorrect action and instances of malfunctioning. Other failures, such as a flat smartphone battery, will be the driver’s responsibility.

Article 10c. If the locator or the external location system is found to be malfunctioning for more than one hour, the driver shall be obliged to stop at the nearest car park or lay-by. Further transport of goods will be possible depending on the decision of the carrier who will choose one of the following alternatives:

1) after restoration of locator or external location system efficiency or

2) after the goods have been moved to a means of transport equipped with an efficient locator or whose geolocation data is submitted for registration from an external location system or

3) after equipping the means of transport with a new locator or

4) after the carrier has informed the Head of the Customs and Tax Office responsible for the area where the locator or external location system has been malfunctioning for more than one hour and:

a) official seals have been placed or

b) management of convoy, referred to in Article 67 of the National Treasury Administration Act of 16 November 2016 (Journal of Laws, item 1947, as amended).