BAG and ITD Fines 2026: Up to 12,000 PLN per Breach

Short version: in 2026 the Polish Inspekcja Transportu Drogowego (ITD) and Germany's Bundesamt für Logistik und Mobilität (BAG) apply unprecedented enforcement on driver hours and tachograph rules. The headline sanctions: on-the-spot retention of the driving licence for 3 months for tachograph tampering (someone else's driver card, a magnet, a disconnected unit); fines up to 12,000 PLN on the carrier for a single roadside check (for example 10,000 PLN for a magnet, 3,000 PLN for someone else's tachograph card, 1,500 PLN for a driver without a valid Code 95). This rewrites the economics of small and mid-size carriers - one breach can sink a business.

What Changed in 2026

The fine amounts themselves did not go up in 2026: they are set in the annexes to the ustawa o transporcie drogowym, and breach gravity comes from Regulation (EU) 2016/403. What matters now:

• breaches are graded as serious (PN), very serious (BPN) and "most serious" (NN);
• a licence is retained on the spot not for every NN but for tachograph tampering, and that rule has applied since 1 January 2022;
• since 3 March 2026, driving while the licence is retained means the starosta withdraws the entitlement for 5 years;
• NN data goes to the EU-wide ERRU register, and the carrier faces a good-repute review.

Poland and Germany are 2026's most active enforcers of these rules.

"Most Serious" Breaches (NN)

Breach categories follow Annex I to Regulation (EU) 2016/403; the amounts come from annexes 1, 3 and 4 to the ustawa o transporcie drogowym:

"Very serious" breaches (BPN) are the next category down, but the amount does not follow the category directly. For one roadside check the carrier pays no more than 12,000 PLN, the transport manager no more than 3,000 PLN.

On-the-Spot 3-Month Licence Retention

This is not new in 2026: the rule has applied since 1 January 2022. The officer / ITD inspector who finds driving on someone else's driver card, with a magnet or another prohibited device, with the tachograph disconnected or without recording must:

1. issue a protocol;
2. retain the licence: a Polish one by an entry in the central driver register, a foreign one by taking the document; the receipt lets the driver carry on for 24 hours;
3. pass the information to the starosta for a decision on retaining the licence;
4. the starosta issues the decision within 21 days: retention runs for 3 months from the day of the check and is enforceable immediately.

For the driver:

• 3 months without a licence = 3 months without work for an international driver;
• compensation under umowa o pracę may be contested by the employer;
• the period does not count toward karta pobytu residence (if work was the basis).

For the carrier:

• urgent search for a replacement;
• a fine on top;
• risk of losing good repute and the wpis do rejestru przewoźników drogowych: after an NN the good-repute review starts with the first episode.

What an Inspector Checks

A standard ITD roadside check (around 30 minutes):

1. Driver documents: licence, tachograph driver card, the Code 95 entry on the licence or a karta kwalifikacji kierowcy, ADR (if applicable), karta pobytu (foreigners).

2. Vehicle documents: registration certificate, OC insurance, tachograph calibration certificate, vehicle technical inspection.

3. Tachograph: records for the last 56 days plus the current trip are downloaded. Checks:

• correct card (not someone else's);
• record consistency with the actual trip;
• presence of magnets or shims (visual);
• 45-minute breaks after 4.5h driving;
• daily rest of at least 11h;
• weekly rest of at least 45h.

4. CMR consignment notes: cargo, invoices, CMR extracts.

5. Driver's tachograph card: validity, no damage, identity match.

6. ADR for hazardous goods: certificate, equipment, packaging.

Defending the Driver and Carrier

Driver level:

• Tachograph card - your own only. No swaps, no "borrow temporarily". Using someone else's is NN.
• No magnets, no shims, no falsified records. Criminal liability.
• Learn the hours rules. Regular Szkolenie Okresowe (Code 95).
• Card up-to-date and undamaged.
• Original documents in the cab; cloud copies as backup.

Carrier level:

• Compliance system - Tacholiga, Webfleet, Kogena for real-time hours monitoring.
• Regular tachograph downloads - every 28 days by rule, weekly in practice.
• Internal audits - quarterly random sampling.
• Employment contracts with liability clauses - driver is liable for breaches; the employer can regress fines (with carve-outs).
• Lawyer on call - fast response to inspections.

What to Do When Stopped

On site:

1. Do not argue. Provide only requested documents.
2. No oral explanations. All statements - in writing on the protocol.
3. Missing items? "I will check and provide within 7 days" - do not improvise.
4. Get a copy of the inspection protocol.
5. Call dispatch / the office immediately.

First 7 days:

1. Lawyer-led protocol analysis.
2. Objections (zastrzeżenia) to the protocol - 7-day window.
3. If licence retained - prepare an appeal against the starosta's decision and an application to suspend its immediate enforcement.

First 14 days:

1. Appeal (odwołanie) the fine if any: the 14 days run from service of the decision.
2. Appeal the starosta's retention decision if any - to the Samorządowe Kolegium Odwoławcze.

Defence Through Appeals

Many ITD fines are successfully contested. Common grounds:

• Procedural protocol errors - missing signatures, no recorded reason for a refusal to sign, no specific breach reference.
• Tachograph record doubts - record may have been distorted by a power glitch or service-centre card swap.
• Wrong classification - NN where the annex says BPN.
• Force majeure - accident, illness, emergencies.

We quote a price for handling an ITD/BAG fine case once we've seen the protokół and the decision. If the appeal fails and the case goes to the WSA, an adwokat or radca prawny handles the skarga and the court stage: we don't represent clients in court.

When to Engage a Lawyer

For employed drivers, self-handling is feasible on minor episodes (expired medical, minor rest-period breaches).

Engage a lawyer if:

• ITD fine on the road;
• licence retained;
• carrier-side notice of fine;
• BAG inspection in Germany at material amounts;
• risk of registration block (carriers);
• parallel employer claim for fine regress.

For carriers - a retainer subscription for legal advisory: risk monitoring, inspection readiness, compliance hygiene.

Book a transport-law consultation →

This article is informational. Specific risks and defence depend on the type of operation, company size, and breach history. For individual matters, please obtain legal advice.

Related materials:

• Code 95 in Poland: step-by-step
• Service: Code 95 and driver protection