These regulations, contained in Act on the universal obligation to defend the Republic of Poland, specify the conditions under which the army may confiscate civilian property and the rights of owners of such vehicles.
Benefits in kind in case of conflict
According to Article 208 of the General Defense Obligation Act, both individuals and entrepreneurs and state institutions may be required to donate their real or movable property, including vehicles, for the purposes of state defense. This process is formalized by an administrative decision issued by the competent supplementary committees. This decision specifies the place and date of delivery of the vehicle.
The owner of a vehicle who has received such a decision has the right to: file an appeal within 14 days from the date of delivery. The grounds for cancellation may vary, from the importance of the vehicle in the business activity to the need to use it to transport patients or children to school. However, the appeal itself does not suspend the execution of the decision, and the vehicle must be returned in any case within the set period, unless the authority hearing the appeal decides otherwise.
Vehicle requisition also in times of peace
The military can requisition vehicles not only in times of war, but also in times of peace, for military exercises, combating natural disasters and during other crises.
Please note that a vehicle intended for payments in kind must meet certain technical requirements. According to the regulations, the vehicle must be in the best possible technical conditionfully stocked and with complete technical documentation.
However, it should be remembered that the army first uses its own resources and then uses vehicles belonging to public institutions. Only when these measures prove insufficient will the army be able to resort to civilian vehicles.
Penalty for refusal to comply with the obligation to provide benefits in kind
In order to evade the obligation to provide benefits in kind, the regulations provide for criminal sanctions, including imprisonment for up to 30 days or a fine. The vehicle owner who fails to comply with the decision issued must take into account the possibility of incurring criminal liability.
Compensation for loan of vehicles to the army
The owner of a confiscated vehicle is entitled to compensation, which includes both the depreciation of the vehicle and coverage of the costs associated with its use by the military. The amount of compensation depends on the type of vehicle and is calculated based on regulations that specify rates per kilometer or per day of use.
The current rates for two-wheelers and passenger cars are:
- Moped: PLN 0.1382 per kilometer,
- Motorcycle: PLN 0.2302 per kilometer,
- Passenger car up to 900 cm³: PLN 0.5214 per kilometer,
- Passenger car with more than 900 cm³: PLN 0.8358 per kilometer.
In the case of trucks, rates are calculated per day of use and are:
- Vehicles with a load capacity of up to 2 tons: PLN 156.80 per day,
- Vehicles with a load capacity of 2 to 8 tons: PLN 272.67 per day,
- Vehicles with a load capacity greater than 8 tons: PLN 395.37 per day.
Compensation for one day of helicopter use is PLN 8,889.22. These rates are determined based on actual operating costs and are intended to compensate vehicle owners for losses resulting from their loans.
Can only the army confiscate a car?
In addition to the army, vehicles requisitioned for defense purposes can also be used by other state services, such as the police, the Internal Security Agency, the Central Anti-Corruption Office and the Prison Service.
