You will be able to receive a fine for an offense recorded by a speed camera via the Internet. On Friday, a regulation on this matter was published in the Journal of Laws. The mandate will be made available to the offender for download for a period of 21 days. After this deadline, the ticket will be delivered in the traditional way, i.e. by registered mail with acknowledgment of receipt.
On Friday, the Prime Minister’s regulation was published in the Journal of Laws Mateusz Morawiecki amending the regulation on the imposition of fines by means of a penalty ticket. The new regulations will come into force 30 days after the announcement.
This period will allow for the introduction of the necessary changes to the Central Infringement Register (CEN), which is an ICT system through which the inspector issues a fine and transfers it to the punished person during the inspection, as explained in the regulatory impact assessment attached to the draft.
Penalty notice by e-mail
The regulation will introduce the possibility of serving a fine via the Internet. “Currently, the General Inspectorate of Road Transport for offenses revealed by means of stationary recording devices (speed cameras) generates fines using an ICT system, which are then delivered to the offenders by traditional mail – by registered mail with acknowledgment of receipt, which significantly extends the duration of the proceedings and also generates costs on the part of the State Treasury” – indicated in the regulatory impact assessment attached to the draft.
The justification stated that GITD spent over PLN 16 million on postal items in 2021 alone.
The rulers pointed out that “delivery of the ticket by electronic means does not require the creation of paper correspondence and its traditional sending via the postal operator, and thus contributes to reducing the costs of the proceedings”.
“Availability for 21 days”
In order to receive a fine electronically, you will need to have an account in the Electronic Customer Service Office (eBOK), operated by the Center for Automatic Road Traffic Supervision (CANARD), which is an organizational unit of General Inspectorate of Road Traffic.
“An eCSC account can be set up only by those entities that use a trusted ePUAP profile or a qualified signature, which guarantees confirmation of the applicant’s identity. Each activity on eCSC is fully accountable, which means that it is known who and when opened the preview of individual documents and who sent correspondence,” it said. At the same time, it was ensured that “access to individual cases is properly secured”.
According to the information provided by the government, by May 2022, over 150,000 people registered on eCK CANARD. users and “this number is growing all the time”.
In order to receive a penalty ticket electronically, you will need to consent to it in the system. It will be necessary to use a qualified electronic signature, a trusted signature or a personal signature.
“Delivery of the ticket by electronic means of communication is to make the perpetrator of the offense available for download and self-printing of the ticket generated using the ICT system in the form of an image of sections ‘A’, ‘B’ and ‘C’ for a period of 21 days” – we read.
“The date of accepting the fine is the day on which the offender confirmed its receipt in the ICT system. In the event that the offender, during the period of making the fine in the ICT system, for any reason does not collect and confirm the fine, the credited fine will be delivered in a traditional way (…), i.e. by registered mail with acknowledgment of receipt” – explained.
In addition, the Regulation introduces changes to the model forms used to impose fines, as they do not take into account the new legal bases.
“Forms of fines issued on the basis of the existing provisions may be used until their circulation is exhausted, but not longer than for 24 months from the date of entry into force of this regulation” – we read in the regulation.
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