Paweł Boratyński, Autor w serwisie ASL

New tariff of penalties in transport is coming

Posted on 2024-07-172024-09-09 by Paweł Boratyński

Road transport is one of the most regulated areas of the labour market. Even a minimal exceeding of the permitted working time is a serious infringement, and there are indications that the regulations are to be even stricter. Exceeding working hours is one of the most serious offences in road transport, which not infrequently leads to truck accidents with serious consequences. As a result of these worrying reports, EU legislators drawing up a table of infringements in road transport have paid particular attention to offences relating to drivers’ driving and rest times. What else do the planned changes, which will come into force early next year, concern?

Additional points for tachograph manipulation

Manipulation of the tachograph is one of the offences with serious consequences. Infringements such as using an unapproved tachograph or having devices in the vehicle that interfere with the tachograph are among the most serious. If they are committed, they may result in a review procedure being initiated regarding the haulier’s modus operandi.

New categorisation of transport companies

Every road haulier is subject to a transport company rating. For this, the inspection services use a complex formula to determine the overall risk level of the company, if only on the basis of how often and for how many significant infringements the haulier has been penalised over the last two years. The system classifies carriers into four risk categories. Each category is marked with a colour.

Infringements in TSL and their classification

The revision of the legislation means that it is compulsory to update the tariffs in each of the member states of the European Union. Based on the classification of offences, the member states lay down rules on the level of penalties and how they should be imposed. The consequences of breaking the law must be effective and proportionate to the seriousness of the offence. According to the legislation, each offence detected by the services is classified into one of the following four categories:

NN – most serious breaches – 90 points,
BPN – very serious violations – 30 points,
PN – serious breaches – 10 points,
NMW – minor infringements – 1 point

The carrier receives points for even the smallest non-compliance with the applicable regulations. On the basis of these, he is qualified for the relevant threshold, which may entail an inspection of the company if the points are very high. The most serious infringements may result in proceedings to assess the good reputation of the transport company. This, in turn, may involve the loss of the licence, which in effect makes it impossible to carry out transport activities.

CPK with a new look

Posted on 2024-06-272024-09-09 by Paweł Boratyński

At yesterday’s Prime Minister’s Conference, the continuation of the Central Transport Port project was announced, albeit in a modified form:

the intention to establish an airport in Baranowo, which is to be one of the most modern in Europe, was confirmed,

The start-up date of the airport has been set for 2032,

expansion of the motorway linking Warsaw and Łódź has been announced,

The CPK project will be extended to the whole of Poland through a network of rail connections linking the major cities (and not – as originally envisaged – intersecting in Baranowo),

According to government representatives, the rail travel time between Poland’s largest cities should be no longer than 100 minutes,

Modlin airport will be expanded and modernised for low-cost airlines and will also gain a rail link to Warsaw,

Chopin Airport’s capacity has been described as ‘running out’,
it is expected to undergo modernisation and change its business profile in the future,

The government announced measures to activate other regional airports – in addition to Modlin – to play an important role in the new transport ecosystem.

Investment costs are expected to amount to PLN 131 billion by 2032, of which the airport part alone will consume PLN 42.7 billion.

Countervailing duties on electric vehicles from China

Posted on 2024-06-252024-09-09 by Paweł Boratyński

The European Commission has announced countervailing duties on electric vehicles produced in China. Currently, electric vehicles produced in China are up to 30% cheaper than similar European-made models.

Competitiveness of Chinese electric vehicles

The European Commission’s investigation has tentatively shown that the electric vehicle industry in China is using unfair underpricing to deter competition. This poses a risk of economic harm to EU electric car manufacturers. Following these worrying signals, the European Commission contacted the Chinese government to find a WTO-compatible way to resolve the situation. The investigation also examined the potential consequences and impact of the proposed duties on importers and users of green vehicles in the EU.

How high will the tariffs be?

The Commission has revealed the level of provisional countervailing duties it expects to impose on imports of electric vehicles from China if talks with the Chinese authorities do not lead to a successful resolution.

Provisional countervailing duties would only be levied if definitive duties are imposed. The existing duty on Chinese electric cars was 10%.
The individual duties the Commission wants to impose on the three sampled Chinese producers would be as follows: SAIC: 38.1%; Geely:20% BYD: 17,4%. Other BEV producers in China that cooperated with the investigation but were not included in the sample would be subject to a weighted average duty of 21%. Manufacturers that did not co-operate in the investigation would be subject to a duty of: 38,1%.

If talks with the Chinese government are unsuccessful, tariffs will be introduced as early as 4 July this year.