Technical requirements for vehicles

Art. 66.

1. A vehicle taking part in traffic is to be so built, equipped and maintained that its use:

1) does not endanger the safety of the persons travelling in it or of other road users, does not disturb the order of traffic on the road and does not expose anyone to harm;

2) does not disturb public peace by producing noise exceeding the level specified in specific provisions;

3) does not cause the emission of harmful substances to an extent exceeding the values specified in specific provisions;

4) does not cause destruction of the road;

5) ensures a sufficient field of vision for the driver and easy, convenient and reliable operation of the devices for steering, braking, signalling and lighting the road while observing the road at the same time, with the exception of a fully automated vehicle;

6) does not cause radio-electrical interference to an extent exceeding the values specified in specific provisions.

1a. Vehicles of categories M2 and M3 should be fitted with a type-approved speed limiter limiting the maximum speed of those vehicles to 100 km/h, and vehicles of categories N2 and N3 should be fitted with a type-approved speed limiter limiting the maximum speed of those vehicles to 90 km/h. The speed limiter should be installed by the manufacturer or by a body authorised by the manufacturer.

1b. The provision of para. 1a does not apply to a vehicle:

1) that is a special vehicle or a vehicle used for special purposes of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the National Revenue Administration used by the Customs and Fiscal Service, the Central Anti-Corruption Bureau, the Border Guard, the Prison Service, the Armed Forces of the Republic of Poland, the State Protection Service and fire protection units;

2) that is a historic vehicle;

3) which, for design reasons, does not reach a speed higher than the speeds specified in para. 1a respectively;

4) used for conducting scientific research on roads;

5) intended exclusively for public works in urban areas;

6) of category N3 or M3 with a maximum gross mass exceeding 10 t, registered before 1 January 1988;

7) of category N2, M2 or M3 with a maximum gross mass not exceeding 10 t, registered before 1 October 2001.

1c. The minister responsible for transport, bearing in mind the particular hazards occurring during the carriage of dangerous goods, may specify by way of a regulation settings for devices limiting the maximum speed of vehicles carrying certain dangerous goods that are lower than those laid down in para. 1a.

1d. A motor vehicle and a rail vehicle may be fitted with an alcohol interlock installed by the manufacturer of the device or by its authorised representative.

1e. The alcohol interlock is calibrated every 12 months. The first calibration of the alcohol interlock is carried out before the device is installed in the vehicle.

1f. The manufacturer of the device or its authorised representative carries out the calibration of the alcohol interlock and issues a document confirming its calibration.

1g. The minister responsible for transport shall specify, by way of a regulation, the functional and technical requirements for the alcohol interlock and the model of the document confirming the calibration of the alcohol interlock, taking into account the market availability of such devices and the need to ensure the safety of road users.

2. The devices and equipment of the vehicle, in particular those ensuring traffic safety and the protection of the environment against the adverse effects of the use of the vehicle, should be maintained in proper condition and should operate efficiently and effectively.

3. The devices used to couple the towing vehicle with a trailer should ensure the safe towing of a trailer with the permissible gross mass provided for towing by that vehicle, prevent the trailer from becoming detached by itself and ensure the correct operation of the lights and brakes, in so far as the trailer is fitted with them.

3a. A vehicle taking part in traffic should bear the following identification features assigned by the manufacturer, subject to Art. 66a:

1) the VIN number or the body, chassis or frame number.

2) (repealed)

4. It is prohibited:

1) to place inside or outside the vehicle protruding pointed or sharp parts or objects that may cause bodily injury to persons travelling in the vehicle or to other road users;

1a) to use in the vehicle items of equipment and parts removed from vehicles whose reuse endangers road traffic safety or has an adverse effect on the environment;

2) to use in the vehicle items of equipment and parts that do not meet the conditions laid down in specific provisions;

3) to place in or on the vehicle devices constituting the compulsory equipment of an emergency vehicle which emit light signals in the form of blue or red flashing lights or an audible signal of variable tone;

4) to equip the vehicle with a device informing about the operation of the monitoring and measuring equipment used by traffic enforcement authorities or interfering with that operation, or to carry such a device in the vehicle in a state indicating readiness for use; this does not apply to special vehicles of the Armed Forces of the Republic of Poland, the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the National Revenue Administration used by the Customs and Fiscal Service, the State Protection Service and the Internal Supervision Bureau;

5) to replace the body of a vehicle bearing the identification features referred to in para. 3a point 1;

6) to make design modifications that change the type of the vehicle, with the exception of:

a) a vehicle for whose type there have been issued: - an EC vehicle type-approval certificate, - a vehicle type-approval certificate, - an EC vehicle type-approval certificate for vehicles produced in small series, - a vehicle type-approval certificate for vehicles produced in small series, - an authorisation for road use of a vehicle from the end of the production series, - recognition of a vehicle type-approval certificate issued in accordance with the type-approval procedure by the competent authority of a European Union Member State other than the Republic of Poland, - recognition of a vehicle type-approval certificate for vehicles produced in small series issued for the given vehicle type in accordance with the type-approval procedure by the competent authority of a European Union Member State other than the Republic of Poland, - an individual vehicle approval, - recognition of an individual vehicle approval issued by the competent authority of a European Union Member State other than the Republic of Poland, - an EC individual vehicle approval certificate, - the documents referred to in the Act of 14 April 2023 on vehicle approval systems and their equipment, including: - - an EU vehicle type-approval certificate, - - a UN type-approval certificate issued for the vehicle, - - a national vehicle type-approval certificate, - - a national type-approval certificate for vehicles produced in small series, - - an authorisation for road use of a vehicle from the end of the production series, - - recognition of a national vehicle type-approval certificate issued in accordance with the national type-approval procedure by the competent authority of a European Union Member State other than the Republic of Poland, - - recognition of a national type-approval certificate for vehicles produced in small series issued for the given vehicle type in accordance with the national type-approval procedure for vehicles produced in small series by the competent authority of a European Union Member State other than the Republic of Poland, - - a national individual vehicle approval certificate, - - recognition of a national individual vehicle approval certificate issued by the competent authority of a European Union Member State other than the Republic of Poland, - - an EU individual vehicle approval certificate, - - a national tram type-approval certificate, - - a national trolleybus type-approval certificate,

b) a vehicle in which the design modifications were made by an entrepreneur conducting business activity in that field.

4a. The provision of para. 4 does not apply to a historic vehicle - as regards points 1-3, provided that in the case of point 3 the use of those devices while driving and while parked is prohibited.

4b. Confirmation that the relevant technical conditions or requirements are met in the case of vehicles in which the design modifications referred to in the provisions issued under para. 5 have been made is given by a technical service designated by the Director of Transport Technical Supervision or by the Director of Transport Technical Supervision.

5. The minister responsible for transport, in agreement with the minister responsible for internal affairs and the Minister of National Defence, shall specify, by way of a regulation, the technical requirements for vehicles and the scope of their necessary equipment.

5a. The minister responsible for transport shall specify, by way of a regulation, the technical requirements for the vehicles forming a tourist train and the scope of their necessary equipment.

6. The Minister of National Defence and the minister responsible for internal affairs, in agreement with the minister responsible for transport, shall specify, by way of a regulation, the technical requirements for special vehicles and vehicles used for special purposes of the Armed Forces of the Republic of Poland.

7. The minister responsible for internal affairs, the Minister of National Defence, the minister responsible for public finance and the Minister of Justice, in agreement with the minister responsible for transport, shall specify, by way of a regulation, the technical requirements for special vehicles and vehicles used for special purposes of the Police, the Internal Security Agency, the Foreign Intelligence Agency, the Military Counterintelligence Service, the Military Intelligence Service, the Central Anti-Corruption Bureau, the Border Guard, the State Protection Service, the National Revenue Administration, the Prison Service, fire protection units, entities authorised to carry out water rescue, entities authorised to carry out mountain rescue and the Maritime Search and Rescue Service.

8. The regulations referred to in paras 5-7 are to take into account in particular:

1) the need to ensure the safe use of vehicles;

2) ensuring the smallest possible adverse impact of vehicles on the environment;

3) international provisions and agreements concerning vehicles, their equipment and parts;

4) the intended purpose of the vehicles and the manner in which they are used.

9. The minister responsible for transport, in agreement with the minister responsible for the economy and the minister responsible for climate, guided by technical considerations, the principles of road traffic safety and the requirements of environmental protection, and with a view to preventing irregularities in trade in items of equipment and parts removed from vehicles, shall specify, by way of a regulation, a list of items of equipment and parts removed from vehicles whose reuse endangers road traffic safety or has an adverse effect on the environment.

Art. 66a.

1. The identification features referred to in Art. 66(3a) are assigned and affixed by the manufacturer.

2. The district governor (starosta) competent in matters of vehicle registration issues a decision assigning identification features in the case of a vehicle:

1) built using a body, chassis or frame of the owner's own design, whose make is designated as "SAM";

2) in which the frame or chassis has been replaced with, respectively, a frame or chassis without a factory number;

3) recovered after a theft, in which the identification feature has been obliterated or falsified;

4) acquired at a public auction or from an entity executing a ruling on the forfeiture of the vehicle to the State Treasury, in which the identification feature has been obliterated or falsified;

5) in which the identification feature has been obliterated or falsified and ownership of the vehicle has been established by a final court ruling;

6) in which the identification feature has corroded or was destroyed during a road accident or during a repair;

7) that is a historic vehicle in which the identification feature was not affixed.

3. The circumstances referred to in para. 2 points 6 and 7 should be confirmed by a written opinion of a motor vehicle expert referred to in Art. 79a; the opinion should indicate the original identification feature or unequivocally rule out interference with the number field aimed at intentionally destroying or falsifying it, or indicate that no identification feature was originally affixed.

4. The district governor enters the affixed identification features in the registration certificate and in the vehicle card, if one was issued.

5. The minister responsible for transport, taking into account the importance of identification features for ensuring certainty and security in trade in vehicles, shall specify, by way of a regulation, the detailed manner and procedure for assigning and affixing them in the cases referred to in para. 2.

Art. 67.

1. The Director of Transport Technical Supervision may, by way of an administrative decision, in an individual justified case, allow a derogation from the technical requirements which a vehicle should meet, bearing in mind:

1) the need to ensure the safe use of the vehicle and the safety of pedestrians;

2) ensuring the smallest possible adverse impact of the vehicle on the environment and on road infrastructure;

3) the intended purpose of the vehicle and the manner in which it is used.

1a. No authorisation for the derogation referred to in para. 1 is required where an authorised entity referred to in Art. 80s(2) which is engaged in the production of vehicles carries out a test drive of an incomplete lorry or an incomplete trailer, if before completion those vehicles do not meet the technical requirements as regards:

1) the front and rear bumper or the protective device preventing another vehicle from running under the vehicle;

2) side guards;

3) mudguards;

4) the vehicle's external lights: side direction indicators and side retro-reflectors, side marker lamps and front and rear end-outline marker lamps.

2. The district council may introduce an obligation to equip animal-drawn vehicles with a brake operated from the position occupied by the driver.

3. An authorisation for a derogation from the technical requirements which a vehicle should meet is issued at the request of the owner or holder of the vehicle, after payment of a fee. The maximum amount of the fee may not exceed PLN 600.

4. An application for an authorisation for a derogation from the technical requirements which a vehicle should meet should contain:

1) the vehicle data:

a) the type, make, model designation and model,

b) the VIN number or the body, chassis or frame number;

2) the data of the owner or holder of the vehicle:

a) the given name and surname (name or business name),

b) the address of residence (registered office);

3) the scope of the requested derogation from the technical requirements which a vehicle should meet;

4) the justification for the application;

5) the name and address of the authority that will register the vehicle.

5. The application referred to in para. 3 must be accompanied by:

1) proof of ownership of the vehicle or a document confirming that the vehicle has been entrusted, as referred to in Art. 73(5);

2) a certificate of the technical inspection of the vehicle carried out, indicating which technical requirements the vehicle does not meet - if required;

3) an EC certificate of conformity or a certificate of conformity together with a declaration containing the data and information about the vehicle necessary for registering and recording the vehicle - if required;

4) a test report confirming that the relevant technical conditions or requirements for individual approval of the vehicle are met, in the case of a vehicle referred to in Art. 59(3) of the Act of 14 April 2023 on vehicle approval systems and their equipment - if required;

5) a document drawn up by an authorised body indicating the technical conditions or requirements in force in the territory of the Republic of Poland which are not met by a vehicle covered by an individual approval granted for that vehicle by the competent authority of a European Union Member State, in the case of a vehicle subject to the procedure for recognition of an individual approval by the Director of Transport Technical Supervision - if required;

6) a declaration of the vehicle manufacturer, an opinion of an authorised body or an opinion of a motor vehicle expert referred to in Art. 79a, concerning the technical data of the vehicle within the scope covered by the application - if required;

7) the registration certificate of the country of the vehicle's previous registration - if required;

8) proof of payment of the fee referred to in para. 3;

9) clear photographs of the vehicle showing: the whole body of the vehicle from two diagonal angles at the front and at the rear, the VIN number or the body, chassis or frame number affixed permanently to the body, frame or another similar basic structural component, the vehicle's data plate and the position of the steering column - if required.

6. An authorisation for a derogation from the technical requirements which a vehicle should meet, in the case of the vehicles referred to in Art. 73(2a) and (4), is issued upon an application which should be submitted through, respectively, the Minister of National Defence or the minister responsible for foreign affairs, and should contain:

1) the vehicle data:

a) the type, make, model designation and model,

b) the VIN number or the body, chassis or frame number;

2) the data of the owner or holder of the vehicle and the period of their stay in the territory of the Republic of Poland;

3) the scope of the requested derogation from the technical requirements which a vehicle should meet.

7. In the case of the vehicles referred to in Art. 73(2a) and (4), the provisions of paras 3 and 5 do not apply.

8. Where an authorisation for a derogation from the technical requirements which a vehicle should meet is obtained in the case of the vehicles referred to in Art. 73(2a) and (4), the owner or holder of the vehicle submits the certificate of the technical inspection of the vehicle carried out to the Director of Transport Technical Supervision, through, respectively, the Minister of National Defence or the minister responsible for foreign affairs, within 30 days from the date on which that authorisation was issued.

9. An authorisation for a derogation from the technical requirements which a vehicle should meet as regards the masses, axle loads or dimensions of the vehicle does not release the holder from the obligation to obtain the permit for the movement of an oversize vehicle referred to in Art. 64(1) point 1.

10. The fee referred to in para. 3 constitutes revenue of Transport Technical Supervision.

11. The minister responsible for transport shall specify, by way of a regulation, the amount of the fee for issuing an authorisation for a derogation from the technical requirements which a vehicle should meet, bearing in mind the costs incurred in connection with issuing it and the streamlining of the procedures in this respect.

Art. 68.

(repealed)

Art. 68a.

(repealed)

Art. 69.

(repealed)

Art. 70.

(repealed)