Frequently Asked Questions
The answers below are based on the law as it stood at the date of publication. Road traffic law changes frequently – if in doubt, it is worth consulting a lawyer about your specific situation. This information is of a general nature and does not substitute for individual legal advice.
Speeding and Fixed Penalty Notices
What are the consequences of exceeding the speed limit by more than 50 km/h in a built-up area?
Exceeding the speed limit by more than 50 km/h in a built-up area results in the immediate seizure of the driving licence for three months, a fine of PLN 2,500 and 15 penalty points. If the same offence is committed again within two years, the licence seizure period is extended to six months. Driving while the licence is seized extends that period to twelve months and gives rise to criminal liability under Article 244 of the Criminal Code.
What are the current fines for speeding?
The figures below apply under the 2022 regulation of the Prime Minister. In cases of recidivism – committing the same offence again within two years – the fine is doubled.
| Excess speed | Fine | Penalty points |
|---|---|---|
| Up to 10 km/h | PLN 50 | 1 |
| 11–15 km/h | PLN 100 | 2 |
| 16–20 km/h | PLN 200 | 3 |
| 21–25 km/h | PLN 300 | 5 |
| 26–30 km/h | PLN 400 | 7 |
| 31–40 km/h | PLN 800 | 9 |
| 41–50 km/h | PLN 1,000 | 11 |
| 51–60 km/h | PLN 1,500 | 13 |
| 61–70 km/h | PLN 2,000 | 14 |
| Over 70 km/h | PLN 2,500 | 15 |
Licence Seizure and Driving Disqualification
How do I get my driving licence back after a disqualification?
The procedure depends on the length of the disqualification imposed. If it lasted less than one year, it is sufficient to apply for the return of the licence at the transport department of the relevant district authority (starostwo) once the disqualification period has expired. If the disqualification was for one year or longer, you must first pass a driving test – both the theory and practical elements – at the Provincial Road Traffic Centre (WORD) before submitting your application. In both cases, the fee for issuing the document must be paid and the required documents provided: an application form, a photograph, proof of identity and the decision ending the disqualification.
What should I do if the police have seized my driving licence because I have exceeded the penalty point limit?
Once you receive the decision to seize your licence on penalty point grounds, you are required to surrender the document to the district authority within seven days. You must then register for and pass a competence test at the WORD, including both the theory and practical elements. Once you have passed, you can apply for the return of your licence. Driving is prohibited until the document has formally been returned to you – even if you have already passed the test but the licence has not yet been issued.
Alcohol and Drug Testing
Can I refuse a breathalyser test?
No. Under Article 129i of the Road Traffic Act, a driver is obliged to submit to testing to determine the alcohol content in their body. Refusal results in being taken for a blood test. Refusal itself constitutes a misdemeanour punishable by detention or a fine. In practice, courts treat refusal as an aggravating factor and frequently impose harsher penalties than for drink driving itself.
How long does alcohol remain in the blood?
The time it takes for alcohol to be eliminated from the body depends on many factors: sex, body weight, age, metabolism, and the quantity and type of alcohol consumed. As a rough guide: after two beers (500 ml each), alcohol may remain in the blood for four to six hours; after four shots of vodka (50 ml each), for six to eight hours; after larger quantities, for ten to twelve hours or more. The body metabolises approximately 0.1–0.2 per mille per hour, and this process cannot be accelerated – a cold shower, coffee or physical exercise does not speed up alcohol elimination.
Road Accidents and Collisions
What is the difference between a road accident and a collision?
The distinction comes down to the consequences of the incident. A collision is an event resulting only in material damage or injuries that did not impair bodily functions for more than seven days – a collision constitutes a misdemeanour. An accident is an event in which at least one person suffered injuries impairing bodily functions for more than seven days – an accident constitutes a criminal offence under Article 177 of the Criminal Code.
The legal consequences are fundamentally different. Causing a collision carries a fine of up to PLN 5,000 and penalty points. Causing an accident carries a custodial sentence of up to three years, and in cases involving death or serious bodily harm, up to eight years.
What should I do immediately after causing an accident?
First and foremost, stop the vehicle and remain at the scene – fleeing the scene of an accident is a separate criminal offence under Article 178 of the Criminal Code and significantly increases criminal liability. Next, check the condition of those involved and provide first aid or call an ambulance, secure the scene with a warning triangle and call the police. Do not move vehicles before the police arrive, unless they are blocking traffic and creating an immediate hazard. Record the details of any witnesses and preserve evidence, including photographs of the scene. Before making any statements about what happened, it is advisable to consult a lawyer.
Defects in a Purchased Vehicle
What rights do I have if I discover a defect in a car I have bought?
The level of protection depends on who sold you the vehicle. When purchasing from a trader (a dealer, car lot or showroom), a consumer is protected under the rules on conformity of goods with the contract, introduced into the Civil Code by the 2023 amendment implementing the EU Goods Directive. The seller is liable for any lack of conformity with the contract that existed at the time of delivery. In practice, this means the right to demand repair or replacement of the vehicle, a reduction in price, or – if the lack of conformity is significant – withdrawal from the contract. The seller’s liability lasts for two years from the date of delivery. A complaint must be lodged within a reasonable time of discovering the defect.
In private sales between individuals, the statutory warranty (rękojmia) provisions of the Civil Code apply, though warranty liability may be excluded by the terms of the contract. However, if the seller knew of the defect and concealed it, any such exclusion is ineffective, and the buyer additionally has claims based on mistake or fraud.
Can I withdraw from a car purchase contract because of a hidden defect?
When purchasing from a trader – yes, if the lack of conformity with the contract is significant and has not been remedied despite a request for repair or replacement. Withdrawal must take place within one year of discovering the lack of conformity, and no later than two years after delivery of the vehicle.
When purchasing from a private individual, the right to withdraw depends on the terms of the contract and on whether the seller knew of the defect and concealed it. In cases of this kind, an expert report from an independent automotive assessor plays a key role in confirming the existence of the defect, its nature and its impact on the value of the vehicle.
Third-Party Liability (OC) and Comprehensive (AC) Insurance Claims
How do I obtain full compensation from the at-fault driver’s third-party liability insurance?
The claim should be reported to the at-fault driver’s insurer in writing, with a detailed account of the incident and full supporting documentation: photographs of the damage, a repair estimate from an authorised service centre and the police report. Under a third-party liability claim, you are entitled to recovery of the full cost of repairing the vehicle, towing and storage costs, the cost of hiring a replacement vehicle during the repair period, and compensation for the diminution in the vehicle’s market value. The insurer’s first offer is typically undervalued – experience shows that it is frequently 20–40% below the actual level of the loss. If the offer is refused or undervalued, a formal complaint should be lodged; if that is rejected, a complaint may be made to the Financial Ombudsman or the matter referred to court.
What does comprehensive insurance (AC) cover and is it worth taking out?
AC (autocasco) is voluntary vehicle insurance that protects the owner regardless of who is at fault for the damage. Standard cover includes damage to the vehicle in collisions (including where the driver is at fault), damage caused by weather events, fire, explosion, theft of the vehicle or its parts, and acts of vandalism. Before signing a policy, it is worth paying attention to the level of the excess, the rules on depreciation of replacement parts and the exclusions from cover – the most common of which is driving under the influence of alcohol.
What should I do if the insurer undervalues my claim?
The first step is to verify the level of the loss – obtain a repair estimate from an authorised service centre or commission an assessment from an independent expert. Then lodge a written complaint with the insurer, setting out the justification, specifying the amount claimed and giving a deadline for a response. If the complaint is rejected, a complaint may be made to the Financial Ombudsman or its conciliation procedure used. The final option is court proceedings. Experience shows that in a significant proportion of cases, insurers agree to a settlement before judgment is delivered, offering a sum considerably higher than their original proposal.
Adwokat Marta Krzyżanowicz and Adwokat Michalina Koligot Law Firm “Adwokat dla Kierowców w Poznaniu”
ul. Adama Mickiewicza 18/3, 60-834 Poznań
tel. +48 795 001 536 · +48 531 335 713
kontakt@adwokatdlakierowcy.pl · www.adwokatdlakierowcy.pl
This information is of a general nature and does not substitute for individual legal advice. Every case requires analysis of its specific circumstances. Legal position as at January 2026.