End of the loophole for cars from outside the EU? Government wants mandatory inspections and registration
In the article:
The government wants to introduce a registration requirement in Poland for vehicles from outside the EU that stay in the country for more than a year
Re-registering a car will mean having to undergo a Polish vehicle inspection and purchase insurance
The changes are intended to apply, among others, to cars from Ukraine, where private passenger vehicles are not subject to mandatory periodic inspections
End of the loophole? Government preparing changes for vehicles from outside the EU
Tens of thousands of cars from countries outside the European Union, mainly from Ukraine and Belarus, are on Polish roads and do not need to pass the technical inspections required in Poland. This is a result of events in 2022, when hundreds of thousands of refugees arrived in Poland following Russian aggression, bringing with them vehicles registered beyond the eastern border. As the industry portal Fleet recalls, over 140,000 cars from Ukraine entered Poland after the war broke out, although some of them later left the country.
The problem is that vehicles registered outside the Community operate under different rules today than cars with Polish registration plates. This stems from existing international agreements, primarily the 1968 Vienna Convention on Road Traffic, which allows for the use of a vehicle registered abroad without an immediate need to change its registration. In practice, this means that a car formally within the Ukrainian legal system is also subject to Ukrainian regulations regarding vehicle inspections – car diagnostics specialists point this out.
Why don’t some cars need to go through inspections?
The regulations in Ukraine are crucial here. There, private passenger cars with a permissible gross weight of up to 3.5 tons are not subject to mandatory periodic technical inspections. This requirement applies only to certain categories of vehicles, such as taxi parts, buses, or trucks.
As a result, the owner of a car registered in Ukraine driving on Polish roads under international traffic regulations does not need to undergo the cyclical technical inspections required of drivers using vehicles registered in Poland.
This does not mean there is no oversight at all, as police can seize a foreign registration document if the vehicle’s technical condition raises legitimate concerns. In such cases, the owner must take the vehicle for a technical inspection in Poland to retrieve the document, according to the authorities.
Ministry Aims to Strengthen Regulations
Infrastructure Minister Dariusz Klimczak announced the changes during an interview on Radio ZET. He stated that a draft amendment to the regulations regarding vehicle homologation will be submitted for consideration by the Standing Committee of the Council of Ministers. According to the ministry, a vehicle registered outside the European Union that remains in Poland for more than a year after crossing the border will have to be registered in our country. This will also require purchasing Polish insurance and undergoing a technical inspection.
The minister argued that changes are necessary for both practical and social reasons. He said, “After a year in Poland, such a vehicle will need to be reregistered, insured, and have a technical inspection. I want to clarify these regulations because there is too much tension on this issue. I also want Polish vehicle inspection stations to be able to earn money by conducting inspections on such vehicles,” said Dariusz Klimczak on Radio ZET.
The plan also provides a shorter timeframe for foreigners who formally tie their future to Poland. In such cases, the obligation to register a vehicle is set to take effect 30 days after obtaining permanent residence or starting the residence procedure.
The basis for the changes is an international convention
Importantly, the proposed regulations are not in conflict with international law. The Vienna Convention itself allows for refusal to recognize the status of “vehicle in international traffic” if a car remains in a country’s territory for at least a year without any long breaks. It is this provision that the Polish government intends to utilize. As a result, cars that are actually used permanently in Poland would be subject to the same obligations as domestic vehicles.
The biggest challenge will be enforcing the new rules
Experts note, however, that merely passing new regulations will not solve all problems. Vehicles registered abroad are not listed in the Central Vehicle Registry, which makes it difficult to quickly determine when they entered Polish territory. In practice, authorities will need reliable data confirming the date a vehicle entered the country. Without such information, enforcing compliance with the new requirements may prove much harder than simply introducing the regulations.
Oskar Włostowski