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UncategorizedFebruary 18, 20260 comments

Norway confiscates driver cards, questioning the legality of their issuance

Norway has begun detailed inspections of driver cards issued in other EU countries, verifying whether they were issued in accordance with the “normal place of residence” principle. In practice, during inspections, the driver’s responses are decisive – one statement can result in the card being confiscated and the truck immobilized.

In recent weeks, Norwegian supervisory authorities have implemented guidelines requiring officials to verify the correctness of driver card issuance in the context of meeting the condition of so-called normal residence. It is no longer just a matter of checking whether the card is valid and technically functional. The check now includes an analysis of whether the card was issued in accordance with Article 26 of Regulation (EU) No 165/2014, and in particular whether the driver actually had his normal place of residence in the country of issue. In practice, this means that not only the documents are crucial, but also the driver’s answers during the roadside check. In fact, the driver’s answer is decisive…

1. Classification – suspicion of issuing a card on the basis of false statements

In one of the recent checks, the Norwegian police classified the case as: “Use of a tachograph, driver card or chart – H5 Driving with a driver card obtained on the basis of false statements and/or forged documents (MSI). The driver was driving a vehicle using a driver card issued in Poland, but stated that he had a residential address in Belarus. In addition, he indicated that he had access to accommodation (a staff room) provided by his employer in Poland.

Reference: Regulation (EU) No 165/2014, Articles 26 and 27.”
The H5 classification alone indicates that the control authority made a preliminary assumption that the card could have been issued in violation of the rules on normal residence.
This assessment was not based on the lack of documents, but on the content of the driver’s statement.

2. Guidelines issued to the Norwegian police

During the conversation with the officer, it was established that for about two weeks, the Norwegian police have been required to check the correctness and legality of driver card issuance.

This means that:
– this verification is not incidental,
– it is part of a broader control practice,
– officers analyse the compliance of the card issue with Article 26 of Regulation 165/2014.
In practice, the police check whether the driver had a normal place of residence in Poland or only a place to stay related to their employment.

3. Article 26 of Regulation 165/2014 is of key importance

❌3.1. Card only in the country of normal residence
Article 26(1) states:
‘Driver cards shall be issued, at the request of the driver, by the competent authority of the Member State where the driver has his normal residence. They shall be issued within one month of the receipt by the competent authority of the request and all necessary documentation.’

❌3.2. Definition of ‘normal residence’
According to Article 26(2):
‘‘’Normal residence’ means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living.

However, the normal residence of a person whose occupational ties are in a place different from their personal ties and who consequently lives in turn in different places situated in two or more Member States shall be regarded as being the place of their personal ties, provided that such person returns there regularly. This last condition need not be complied with where the person is living in a Member State in order to carry out a fixed-term assignment.”

In practice, this means that:
– employment in Poland is not sufficient,
– the provision of accommodation or a place of residence by the employer does not constitute the centre of personal or economic interests,
– real personal ties and actual residence in Poland are crucial.

❌ 3.3. Issuing a card on the basis of false statements
Article 26(7) of Regulation 165/2014 provides that a card may be withdrawn or suspended if it was issued on the basis of false statements or forged documents.
It is this legal construct that is referred to in the Norwegian H5 classification adopted in the control protocol.

4. The A1 document is not decisive

In the case under analysis, the driver had an A1 document, but the officer did not consider it decisive. Due to the driver’s statement that he was a resident of Belarus, the police assumed that the driver only had accommodation in Poland and did not have a normal residence within the meaning of Article 26 of the aforementioned regulation. In current inspection practice, the A1 document does not replace the analysis of the actual centre of personal or economic interests.

5. Effects of the inspection – real operational risk

In the case in question:
– the driver was unable to continue driving,
– it was necessary to replace him with another driver,
– the driver card was retained and will be sent back to the issuing authority in Poland.
This means a direct risk of vehicle immobilisation and disruption to transport operations.

6. Recommended actions for entrepreneurs

In light of current Norwegian practice, the following is recommended:
1. Urgent training of drivers on the consequences of their answers to officers during inspections – the driver’s statement may be decisive.
2. Standardisation of documentation confirming normal residence in Poland, including the replacement of foreign documents (e.g. driving licences) with Polish ones.
3. Verification of the compliance of the driver’s actual situation with the declarations made when the card was issued.
4. In justified and exceptional cases – consideration of the application of Article 26(4), i.e. a temporary driver card as a transitional solution.

7. Final conclusions

The current practice in Norway clearly shows that checking a driver card is no longer just a technical procedure. It has become part of the process of verifying the legality of its issue and the driver’s actual place of normal residence.

Under the current guidelines:
– a card issued in Poland may be questioned,
– the A1 document is not decisive,
– the driver’s answers during the check are crucial,
– inconsistencies between the documentation and the oral declaration may result in the card being retained and a ban on further driving.

In practice, this means that one careless statement during an inspection can lead to the immediate suspension of transport and the initiation of a verification procedure in the country where the card was issued.

It is therefore worth taking a look at the current situation of drivers and the documents they hold. An inspection is not only a matter of avoiding administrative sanctions, but above all a real risk of transport being suspended, the driver card being retained and a verification procedure being initiated in the country of issue, which in practice can lead to operational paralysis of the company and loss of contracts.

In the current market reality, any inconsistency between the documentation and the driver’s actual life situation may be classified as the issue of a card based on false statements, and the consequences of such a classification go far beyond a roadside check.

For this reason, we recommend conducting a documentation audit of drivers and verifying that they meet the conditions for normal residence within the meaning of Article 26 of Regulation 165/2014. Early analysis allows you to reduce the risk of your vehicle being detained abroad and avoid disputes with the authorities of the country that issued the card.

In case of doubt as to the status of a particular driver or the need to implement corrective measures, it is advisable to seek professional legal advice to assess the risk and prepare the company for a possible inspection in accordance with the current practice of the Norwegian authorities.

Author: Marek Kliś Legal Advisor www.prawniktransportowy.pl