BAG and ITD Fines 2026: Drivers and Carriers Face 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 new sanctions: on-the-spot retention of the driving licence for 3 months for serious breaches; fines up to 12,000 PLN on the carrier for a single episode (use of someone else's tachograph card, magnets, missing Code 95). This rewrites the economics of small and mid-size carriers — one breach can sink a business.

What Changed in 2026

EC Mobility Package III (June 2025) tightened breach grading. The new directive requires Member States to:

• classify breaches as "most serious" (NN);
• retain category C/CE licences on the spot for NN;
• raise carrier fines for NN by 100–300 %;
• transmit NN data to the EU-wide ERRU register, opening trans-EU licence blocks.

Poland and Germany are 2026's most active enforcers.

"Most Serious" Breaches (NN)

Updated in 2024 in Annex III of Directive 2006/22/WE:

"Very serious" breaches (BP) sit at 2–8× lower tariffs.

On-the-Spot 3-Month Licence Retention

A new 2026 practice. The officer / ITD inspector who confirms an NN may:

1. issue a protocol;
2. physically take the driver's licence card;
3. transfer the case to WORD for a decision on temporary disqualification;
4. WORD issues the decision within 14 days, typically confirming the 3-month retention.

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 the wpis do rejestru przewoźników drogowych on repeated episodes within 12 months.

What an Inspector Checks

A standard ITD roadside check (around 30 minutes):

1. Driver documents: licence, tachograph driver card, Code 95 certificate, 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 28 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 — urgent application to WORD to suspend execution.

First 14 days:

1. Appeal (odwołanie) the fine if any.
2. Appeal the WORD retention decision if any.

Defence Through Appeals

Many ITD fines are successfully contested. Common grounds:

• Procedural protocol errors — missing signatures, witnesses, 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 new rules call for BP.
• Force majeure — accident, illness, emergencies.

Around 35 % of driver and carrier appeals win in part or in full in Mazowieckie 2024–2025. Higher with a lawyer.

LegalWin's ITD/BAG fine representation — from 2,800 PLN. Skarga to WSA on a refused appeal — from 1,800 PLN additional.

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. LegalWin's transport-company retainer — from 2,500 PLN/month with rapid response.

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
• Kwalifikacja Wstępna vs Szkolenie Okresowe
• Service: Code 95 and driver protection