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Friday, December 3, 2021

Diet. Road Traffic Law 2021 – changes

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At the next session, the Sejm may deal with a draft amendment that would tighten the penalties for perpetrators of road traffic offenses. The deputies from the parliamentary subcommittee proposed a few changes. One of them is the reduction of the fine for exceeding the speed limit by more than 30 kilometers per hour from PLN 1.5 thousand to PLN 800. In turn, the fine for driving without permission is to increase to PLN 1.5 thousand. It was also recommended to introduce an amendment delaying the date of entry into force of the act.

The next session of the Sejm is scheduled for this Thursday and Friday, October 28 and 29. As we read on the website of the lower house of parliament, the agenda may be supplemented with the report of the Infrastructure Committee on the government bill amending the Road Traffic Act and some other acts. For the time being, this item has not been included on the agenda.

This week, the project was dealt with by deputies from the extraordinary subcommittee, which was created within the Parliament’s Infrastructure Committee. Its members recommended introducing a number of changes to the draft amendment that tightens the penalties for road traffic offenders.

This includes response to opinions sent to the proposed regulation by various institutions, including the Human Rights Defender.


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Maximum fine for road traffic offenses

Referring to the amendments that were previously consulted with the Ministry of Infrastructure, the deputy head of this ministry, Rafał Weber, indicated that the Ministry of Infrastructure is able to accept, inter alia, creating a closed catalog of traffic offenses for which the court fine will amount to a maximum of PLN 30,000 zlotys, “to dispel doubts that not all offenses (…) may be subject to such a sanction.”

– I think this will dispel doubts that our intention is not to give the possibility of a court fine of a maximum of PLN 30,000 for each traffic offense (…) only for those traffic offenses that directly threaten the health and life of all road users Weber pointed out.


The deputy head of the Ministry of Infrastructure referred to the issue previously raised by parliamentarians and the Ombudsman related to blocking and obstructing traffic. – We know that there is a proposal to detail this issue, that blocking traffic, which is related to, say, some demonstrations, should be determined by law on the current principles, while blocking traffic, which is related to driving a motor vehicle – we deal with such situations, for example in a road accident, where drivers deliberately slow down to take pictures of the scene of the road accident – even make a video so that it is subject to stricter sanctions, he said.

Referring to the doubts regarding the payment of the fine on the spot with a 10% discount, he said that the ministry was ready to “give up this solution”. – Our goal was to relieve the administrative burden of all those who are responsible for issuing road tickets, processing them later, and executing them. However, for the sake of clarity, we are ready to give it up – he said.

Weber also proposed strengthening responsibility for recidivism. – This was the expectation in the plenary – when it comes to drivers who drive drunk, because there was no direct such recidivism in this project. However, we propose to create a recidivism for this offense and that it should be punished with a rate twice than the first such offense. On the other hand, the second case, when it comes to recidivism, is to create it for only one type of offense, i.e. a recidivism will only take place when a given driver commits the same offense within two years – he said.

Speeding ticket

Referring to the discussion on raising the minimum fine for speeding more than 30 km / h from the limit, he noted that although the original proposal was 1.5 thousand. The resort – due to the large difference between the fine for speeding between 21-30 km / h and over 30 km / h – is able to accept a reduction of this amount to PLN 800.

– This argument spoke to us. In fact, exceeding the speed by 29 km / h would result in a fine of PLN 200, and exceeding the speed by 31 km / h would result in a fine of PLN 1.5 thousand. The difference is actually too great, assessed Weber.

– On the other hand, there will be a positive recommendation for increasing the rate for driving without qualifications from 1,000 to 1,500. I have noticed a very broad consensus here for such very strong punishment of people who drive motor vehicles and are not authorized to do so – he said.

Mandates – new tariff

Anna Kozak from the Government Legislation Center, presenting an amendment concerning the changes to the Code of Civil Procedure, indicated that she intended to withdraw from introducing a separate procedure into the Code of Civil Procedure for granting a pension in the event of death caused by an intentional crime “in favor of introducing new, additional rules that fit into the Code of Civil Procedure. into the current system of granting a pension based on the Civil Code “. She added that the proposal would improve the conduct of such proceedings.

It was also recommended to introduce an amendment changing the date of entry into force of the act from December 1, 2021 to January 1, 2022. From that time, an ordinance of the Ministry of the Interior and Administration is also to come into force, which will define new rates of fines in the tariff.


Main photo source: PAP / Mateusz Marek

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