Motorway Rules applicable on A2 Toll Motorway section Świecko - Konin

Whereas:

• The Company Autostrada Wielkopolska S.A. is the Concessionaire and acts as the administrator of A2 toll motorway in Section I Nowy Tomyśl - Konin (”Section I”),

• The Company Autostrada Wielkopolska II S.A. is the Concessionaire and acts as the administrator of A2 toll motorway in Section II Świecko - Nowy Tomyśl (”Section II”),

• The Company Autostrada Eksploatacja is the Operator of A2 toll motorway in Section I and Section II and acts as the administrator of A2 motorway in those Sections with respect to maintenance and operation, including toll collection in its own name but on behalf of the Concessionaires,

• The Concessionaires, in consultation with the Operator, have established these Motorway Rules applicable to A2 toll motorway in the section Świecko -  Konin (“the Motorway”), hereinafter referred to as the Rules, with a view to provide safe traveling conditions and quality service.

The abbreviations used throughout the Rules shall have the following meaning:

1. PPO - Toll Plaza

2. SPO - Toll Station

3. MPO - Toll Location, being either PPO or SPO

4. POS - Point of Sale

5. MOP - Rest or Service Area

6. OUA  - Operation and Maintenance Center

7. AOP– Poznań Bypass

I. Description of the Motorway

The section of the toll Motorway governed b the Rules includes:

• 255.565 km of the Motorway between Świecko (km 1+995) and Konin (257+560),

• 6 Points of Sale located at PPOs in Tarnawa, Gołuski, Nagradowice and Lądek, at SPO in Jordanowo and at OUA in Kotowo,

• 3 Highway Police stations located at OUAs in Ilanka, Bolewice and Kotowo,

• 22 MOPs, including: 

  • Class I MOP (Rest Area) offering a rest area, toilets, car and truck park,

  • Class II MOP (Service Area), offering everything that Class I does plus gas station, restaurant or another food-selling facility,

  • Class III MOP, offering everything that Class II MOP does plus a hotel.

  • The locations of the MOPs with the name of the place, chainage (in km and m) and direction are given below: 

    • MOP Gnilec 5+200 North Class II (Service Area)

    • MOP Sosna 5+300 South Class II

    • MOP Walewice 40+500 North Class I (Rest Area)

    • MOP Koryta 40+500 South Class I

    • MOP Chociszewo 85+200 North Class II

    • MOP Rogoziniec 85+200 South Class II

    • MOP Wytomyśl 114+000 North Class I

    • MOP Kozielaski 114+100 South Class I

    • MOP Sędzinko 133+600 North Class II

    • MOP Zalesie 133+800 South Class II

    • MOP Dopiewiec 151+100 North Class I

    • MOP Konarzewo 151+100 South Class I

    • MOP Tulce 177+100 North Class II

    • MOP Krzyżowniki 177+250 South Class II

    • MOP Chwałszyce 200+200 North Class I

    • MOP Targowa Górka 200+200 South Class I

    • MOP Sołeczno 216+600 North Class II

    • MOP Gozdowo 216+600 South Class II

    • MOP Skarboszewo 226+600 North Class I

    • MOP Lądek 237+000 South Class I

    • MOP Osiecza  II 251+100 North Class II

    • MOP Osiecza  III 251+100 North Class III

• 10 MPOs:
  Those located within the closed toll collection system: 

• PPO Tarnawa 22+600

• SPO Torzym 35+200

• SPO Jordanowo 68+400

• SPO Trzciel 91+700

• SPO Nowy Tomyśl 107+870

• SPO Buk 139+800

• PPO Gołuski 152+200

Those located within the open toll collection system: 

• PPO Nagradowice 181+650

• SPO Słupca 228+700

• PPO Lądek 238+700

II. Access to the Motorway

All road users shall have access to the Motorway with their motor vehicles through the interchanges connecting the Motorway with the existing public road network. Except for the circumstances of emergency operations and other factors that may affect traffic safety, it shall be prohibited to :

• use the emergency entry gates or service entries at MOPs and OUAs,

• park a vehicle on the Motorway, except in special parking areas.

In particular, at MOPs it is prohibited to park on circulation roads.

III. General

Notwithstanding these Rules, each user shall be bound to abide by the traffic regulations for public roads , including in particular: 

• the Traffic Law Act,

• the Public Roads Act,

• the Act on Toll Motorways and the National Road Fund.

Any complaints and requests may be filed by the users in writing, by way of filling a special form. The Operator provides such forms at MPOs and POS. The Operator shall do its best to reply to the user within 15 days following the submission of a complaint or a request.

IV. Tolls

1. Tolls shall be collected for using the Motorway in the closed and open tolling systems.

2. The user shall pay the toll notwithstanding the weather and driving conditions on the Motorway. Tolls shall be collected in full amount also during rehabilitation and maintenance works.

3. Only those users shall be eligible to drive on the Motorway who collected their ticket or paid the toll, or are exempt from toll under pertinent regulations or contracts, with the obligation to take the ticket at entry is also binding upon the toll exempt users.

4. Each user of the section of the Motorway under the closed toll collection system (all the way from PPO Tarnawa to PPO Gołuski) shall collect an entry ticket when entering the motorway from the ticket dispenser and shall keep such ticket until toll is paid at exit at PPO or SPO.

5. Missing ticket shall trigger a maximum toll being charged applicable at the given MPO for the relevant vehicle category; in addition a surcharge may apply.

6. Each entry ticket shall be valid for 48 hours since its collection at the entry lane. Once the entry ticket expires, the user shall be subject to a maximum toll applicable at the given MPO for the relevant vehicle category; in addition a surcharge may apply.

7. The user who shall present the entry ticket collected at the same PPO/SPO shall be subject to a maximum toll applicable at the given MPO for the relevant vehicle category; in addition a surcharge may apply (excepting certain extraordinary circumstances due to any accident etc. which may have prevented the user from using the toll motorway).

8. In the event the User of the Konin – Września section, after having paid the toll at Lądek Toll Plaza, decides to exit the motorway at Słupca Interchange and re-enter it at the same Interchange, such User shall be liable for paying the toll covering the section Słupca -– Września, as per the applicable toll tariff.

9. The Users of the Konin – Września section who decide to start their trip towards Konin by entering the abovementioned section at Września Interchange or Słupca Interchange, shall be liable for paying full toll at Lądek Toll Plaza as per the applicable toll tariff, regardless of whether they entered the section in question at Września Interchange or at Słupca Interchange.

10. Each user of the Motorway section under the open toll collection system (from Poznań to Konin) shall pay toll when crossing the Toll Plaza (PPO Nagradowice and/or PPO Lądek) and SPO Słupca and shall receive a fiscal receipt.

11. Should knowledge be obtained about any fraud attempt, the Concessionaires and/or the Operator may take the appropriate legal measures and notify the relevant enforcement agencies about such fraud.

12. The toll rates applicable on the Motorway are specified in the tariff displayed at each MPO and POS.

13. Emergency and law enforcement vehicles in action, as defined in the Act of 20 June 1997 Traffic Law Act (of 2 June 2005 Polish Official Journal No. 108 item 908 as amended) shall be exempt from tolls on the motorway. The drivers of the marked emergency and enforcement vehicles are bound to collect an entry ticket when entering the motorway, on terms referred to in the Traffic Law Act. In such event, they may leave the motorway using the service lane, with no return of ticket required. The Concessionaires an/or the Operator reserve the right to verify the legal title for the toll exemption of any user.

 

V. Methods of payment

1. The user may pay toll: 

   • cash in Polish Zlotys,

   • in foreign currency, with only bank notes being accepted. The applicable foreign exchange rates are displayed at every MOP and OUA. When payment is made using any foreign currency , the change is given in Polish Zlotys. 

Presently, payments in USD and EUR are accepted. The Concessionaires may provide for payments in other currencies, in which case the users shall be informed accordingly via the website and displays at every MOP and POS,

• with bank cards such as VISA and Master Card,

• with oil company fleet cards of the type specified at every MOP and POS,

• with NFC smartphones using portable terminals. 

• Blacklisted cards used for transaction by a driver may be confiscated by the Operator.

• In case any problems arise in concluding a transaction using the card, the user shall pay toll cash or using another acceptable means of payment.

• If the user refuses to pay toll because of the lack of any acceptable means of payment, such user may be subject to a special deferred payment procedure. The prerequisite to commence such procedure is the presentation of an ID with a photograph. Lack of such ID and of means of payment shall trigger calling the Police with a view to elicit particulars of the user.

• Upon payment of toll, the user shall receive a fiscal receipt specifying the toll amount, VAT rate and the Motorway section paid for. The user paying with a discount card or a fleet card issued by an oil company shall receive a non-fiscal confirmation of passage.

VI. Rules of using the Motorway

1. The user shall abide by all traffic signs and information delivered via the traffic management system equipment (message signs, lights) as well as all instructions given by duly authorized staff of the Operator.

2. The use of the emergency lane is restricted mainly for emergency and rescue purposes. The user is entitled to drive through or come to a halt or remain in the emergency lane only in extraordinary circumstances and upon a consent of the Operator. If a vehicle breakdown occurs, the user shall comply with the provisions of clause XII of these Rules.

VII. Speed limit

1. The user shall abide by the speed limits that apply to the Motorway and all facilities and structures within its Right of Way .

2. The user shall comply with temporary speed limits that may be set by the Police or the Operator in extraordinary circumstances such as, for example; poor visibility, inclement weather, removal of accident debris, rehabilitation and maintenance works.

VIII. Restrictions in traffic

1. It is prohibited to make a U-turn and drive contra flow on the Motorway. Such maneuvers shall be permitted only to emergency and law-enforcement vehicles in action and to maintenance vehicles, provided a pertinent signage/marking is applied.

2. It is prohibited to tow vehicles by vehicles other than special ones (towing service). The Operator may refuse access to the Motorway to vehicles that jeopardize traffic or hazardous to environment. Should any danger be threatening, the Operator shall inform the Police thereof.

3. Oversize vehicles (in excess of the permitted weight or size specified in pertinent provisions) are entitled to drive on the motorway only if a special statutory permit has been obtained.

4. The Concessionaires and/or the Operator are entitled to order additional restrictions in traffic of all vehicles or certain type of vehicles in the event this becomes necessary for safety reasons, because of the operating conditions or extraordinary circumstances.

5. The Concessionaires and/or the Operator shall be entitled to impose other than above-mentioned restriction in using the Motorway in the event it is necessary to ensure traffic safety, eliminate threat to health or lives of traffic participants or potential occurrence of substantial damage to property.

IX. Rest and Service Areas  - MOPs

1. The users shall abide by any and all guidelines and instructions with regard to the use of the facilities on the Motorway.

2. Parking is allowed only in places selected for this purpose.

3. No camping is allowed in parking lots at PPOs and elsewhere, other than in places selected for this purpose.

4. Washing and cleaning vehicles and repairing them shall be allowed only in places selected for these purposes.

5. Any commercial business may be carried out solely upon an express written permit issued by the Concessionaires.

6. Children’s playgrounds may be used only in accordance with their purpose and under supervision of parents or adult caretakers.

7. MOPs are equipped with resuscitation equipment (AED defibrillators).

X. Damage to the Motorway facilities

In the event any damage is done or destruction by the user to the Motorway facilities or any secondary equipment, the Concessionaires and/or the Operator shall pursue compensation from the perpetrator.

XI. Winter Maintenance

1. The snow removing equipment working on the Motorway must be given way. It is prohibited to overtake the winter maintenance equipment when it is removing snow or combats slippery conditions on the Motorway and its interchanges.

2. The Operator may temporarily prohibit traffic during snow removal and slippery conditions combating on the Motorway.

3. The users shall abide by the instructions of the Operator with respect to forming convoys in the event of extremely difficult weather conditions.

4. The Operator’s vehicles performing cleaning, rehabilitation or winter maintenance works on the Motorway shall have yellow light flashing and shall drive in the manner prescribed in separate provisions.

XII. Emergency Roadside Telephones

1. The users have free access to emergency roadside telephones deployed at certain constant distance along the Motorway. Such telephones are connected to the Central Control Room.

2. It is forbidden to use the emergency roadside telephones for purposes other than those in connection with a vehicle breakdown, accident on the Motorway or other incidents threatening traffic safety.

XIII. Vehicle stopping due to a breakdown

1. In the event of a breakdown of a vehicle or the occurrence of incidents on the Motorway referred to in clause XII.2, the Motorway user shall: 

   1. remove the vehicle from the road and park it in the emergency lane,

   2. put a sign to signal stationary vehicle in the manner prescribed in pertinent regulations,

   3. using the emergency telephone or another means of communication, notify the Central Control Room about the incident,

   4. follow any and all instructions received on the phone from the Central Control Room or guidelines from the Operator’s staff on the spot,

   5. promptly get off the vehicle and wait for the assistance behind the rails separating the Right of Way from the shoulder or in any other safe place.

2. Should a vehicle breakdown occur, the user may call breakdown service on his/her own, with such service being obligated to reach the incident location within 45 minutes since the call, for cars, and within 60 minutes for trucks. Breakdown service or the user may perform minor repairs, refill fuel, oil, etc. on site within the time limit not exceeding 20 minutes.

3. In the event the user is not capable of using his/her own breakdown service, one proposed by the Operator may be used.

4. In the event that: 

5. the user does not involve his/her own breakdown service or refuses to use one suggested by the Operator,

6. the time limit for response or repair specified in item 2 has expired,

7. circumstances arise as described in Art. 50a of the Traffic Law Act (the vehicle is left without number plates or the condition of the vehicle indicates it has not been used) or in Art. 130a of the Traffic Law Act (the vehicle is left in a prohibited place and it obstructs traffic or otherwise poses a threat to safety), the Operator shall notify the Police about the need to remove the vehicle from the Motorway.

8. The user is bound to pay the cost of removing the vehicle from the Motorway or of its repair. However, in cases referred to in item 4.3 hereinabove, the amount of the fee for services rendered by breakdown service from the list of the competent Starosta Office shall be determined by the Council of Powiat (county). In other circumstances the cost of removal or repair shall be agreed directly between the breakdown service and the user.

9. Neither the Concessionaires nor the Operator shall be liable for the quality of the services rendered by the breakdown service.

XIV. Accidents

1. The Concessionaires and/or the Operator shall inform the Police about any incident on the Motorway, as a result of which it becomes necessary to remove its impact (e.g remove the vehicle, secure or remove the load).

2. Any damage to the Motorway as a result of such accident shall be the responsibility of the perpetrator.

XV. Animals

1. Animals from vehicles that are walked at MOPs shall be kept at leash.

2. Should the Operator become informed about any abandoned pets or wild animals on the Motorway, the Operator shall take actions on order to remove such animals from the Motorway.

3. In order to mitigate the adverse impact of the environment on the traffic safety of the motorway users, animal bridges and passages were built and fence was placed along the Motorway. The fence is flexible that minimizes any potential harm to animals if they collide with it. Despite these precautions and the ongoing inspections of said equipment by the Operator and despite the required repairs being made, when driving on the Motorway the user should take into account a chance that animals may enter the Motorway.

XVI. Emergency Services

1. Whenever an accident occurs on the Motorway, the user is bound to follow all instructions given by the Police and emergency services that make decisions with respect to traffic organization.

2. The Police has the power to change, in extraordinary circumstances, the rules for using the Motorway that have been set by the Concessionaires or the Operator.

3. Should serious accidents occur on the Motorway, the Fire Brigade is empowered to make decisions regarding safety of people, in accordance with the Rescue Plan agreed with the government.

XVII. Using the Motorway in the course of performing duties relating to its operation and safety keeping and securing

The Concessionaires and the Operator are entitled to issue permits to drive on the Motorway to persons performing their duties in connection with ensuring safety , as well as with the operation and maintenance of the Motorway.

XVIII. Monitoring systems

1. The Concessionaires and the Operator may apply a control and monitoring system on the Motorway and AOP using cameras linked to electronic equipment analyzing and registering traffic for the purpose of toll collection and traffic safety enhancement.

2. The rules of video surveillance on the Motorway are enclosed hereto as Appendix 1. 

XIX. Transport of hazardous materials

1. Vehicles carrying hazardous materials should be specially marked as such. If a leak of a tank holding hazardous materials occurs, such vehicle may park only in selected locations within OUA and at certain MOPs.

2. Once information is received about any damage or breakdown of a heavy vehicle carrying hazardous materials, the Operator shall apply the procedures provided for in the Rescue Plan.

3. The driver of such vehicle should follow any and all instructions and guidelines given to him by the Operator.

XX. Liquid waste discharge

1. Liquid waste disposal points (automatic terminals) are located at certain MOPs and are meant for the disposal of liquid waste tanks of coaches, caravans and campers.

2. The Lessee of the gas stations shall provide the liquid waste disposal service since 1 May until 1 October each year. A fee shall be charged for such service.

3. Location of liquid waste disposal points: 

4. MOP Gnilec

5. MOP Sosna

6. MOP Chociszewo

7. MOP Rogoziniec

8. MOP Sędzinko

9. MOP Zalesie

10. MOP Tulce

11. MOP Krzyżowniki

12. MOP Sołeczno

13. MOP Gozdowo

14. MOP Osiecza II

15. MOP Osiecza III

XXI. Miscellaneous

On the Motorway, at MOPs, interchanges and other Motorway facilities it shall be prohibited to: 

• litter,

• advertise and place advertising boards,

• beg,

• perform any fund-raising,

• carry out any business in terms of trade, service or advertising without a consent of the Concessionaire of a given Section,

• perform any acts against good practice,

• walk along the carriageway,

• make any demonstrations, including religious ones,

• place any crosses, tombstones , chapels etc. in the Right of Way.

 

XXII.  PERSONAL INFORMATION

In order to properly perform their duties with respect to the management and operation of the Motorway, the Concessionaires collect personal data if the users. Detailed rules of collecting and processing personal data are specified in Appendix 2 hereto.

XXIII. Final provisions

1. These Rules are available on the websites of the Concessionaires (www.autostrada-a2.pl), of the Operator (www.aesa.pl) and at POS. 

2. Any amendments to these Rules shall be made public in line with section 1 above.

3. Neither the Rules, so publicized, nor any amendments hereto shall require any acceptance or signature of the user in order to be binding.

4. Any matters not provided for herein shall be governed by the provisions of the Civil Code and other mandatory provisions of law.