Frequently Asked Questions on Road Traffic Law – A Lawyer Answers
Below are answers to the questions drivers ask most often. They cover fixed penalty notices and penalty points, drink and drug driving, accidents and collisions, compensation, driving disqualifications and the role of a lawyer in road traffic cases.
Fixed Penalty Notices and Penalty Points
Can I refuse a fixed penalty notice? Yes. Every driver has the right to refuse a fixed penalty notice if they disagree with the alleged offence. The case then goes to the district court with jurisdiction over the place where the offence occurred. The court may impose a higher penalty than the one proposed, so refusal should be preceded by a realistic assessment of the prospects.
What is the deadline for paying a fixed penalty notice? A notice must be paid within 7 days of accepting it. For a notice issued in the driver’s absence, the deadline is 14 days from the date of service.
What happens if I do not pay the notice on time? An unpaid notice becomes an enforceable title and is referred for enforcement by a bailiff. The driver bears the notice amount plus enforcement costs.
How long do penalty points stay on my record? The rules for removing points are complex and depend on the circumstances – including the timing and method of payment of the fine. As a general rule, points are removed after one year, but the moment from which this period runs varies case by case. The detailed rules are set out in Article 98 of the Act on Drivers of Vehicles. The current points balance can be checked via a trusted profile on gov.pl or through the mObywatel app.
Is there any way to have penalty points removed early? Points can be removed by completing a road safety re-education course – completion results in the immediate removal of points from the register. In other cases, points are removed once the period set out in Article 98 of the Act on Drivers of Vehicles has elapsed.
What happens when I exceed the penalty points limit? Once the limit is exceeded – 24 points for drivers who have held a licence for more than one year, 20 for those in their first year – the district authority (starosta) issues a decision seizing the driving licence. To recover it, the driver must pass a competence test at the Provincial Road Traffic Centre (WORD).
Do all road traffic offences result in penalty points? No. Some offences result only in a fine, with no penalty points.
When does a fixed penalty notice become time-barred? A fixed penalty notice becomes time-barred three years after it became final. After that point it cannot be enforced.
Can I check my penalty points online? Yes, via the gov.pl website after logging in with a trusted profile, or through the mObywatel app in the mKierowca section.
Can a passenger receive a fixed penalty notice? Yes. A passenger may receive a notice for not wearing a seatbelt, throwing objects from the vehicle or opening a door in a way that endangers road safety.
Drink and Drug Driving
What is the difference between use of alcohol and intoxication? Use of alcohol arises where the blood alcohol concentration is between 0.2 and 0.5 per mille – this is a misdemeanour under Article 87 of the Code of Misdemeanours. Intoxication arises where the concentration exceeds 0.5 per mille – this is a criminal offence under Article 178a of the Criminal Code.
What are the consequences of drink driving? For the misdemeanour under Article 87 (0.2–0.5 per mille): detention or a fine, plus a mandatory driving disqualification of between 6 months and 3 years. For the criminal offence under Article 178a § 1 (above 0.5 per mille): a custodial sentence of up to 3 years, a mandatory driving disqualification of at least 3 years, and a financial contribution.
Can I refuse a breathalyser test? Refusing to submit to an alcohol test has serious consequences – it may result in a compulsory blood draw, and the fact of refusal is treated by courts as an aggravating factor. Before making such a decision it is advisable to consult a lawyer.
Are drug tests reliable? The saliva testing devices used by the police are preliminary in nature and can produce false positive results, for example after taking certain medications. The evidence in proceedings is a blood test, and the classification of the conduct is determined by the opinion of a toxicology expert assessing the effect of the substance on driving ability.
What are the consequences of driving under the influence of drugs? As with alcohol, it depends on whether the driver was in a state “following use” of a substance acting similarly to alcohol (a misdemeanour under Article 87 of the Code of Misdemeanours) or “under the influence” of a narcotic (a criminal offence under Article 178a of the Criminal Code). The assessment is made by an expert on the basis of a blood test.
Can you drive after consuming CBD? Lawful CBD products should contain only trace amounts of THC. In practice, some tests can detect even these minimal amounts, which may trigger further investigation. A saliva test result does not, however, determine liability – what matters is the expert’s opinion on the actual effect of the substance on psychomotor capacity.
Is a car always confiscated for drink driving? The vehicle forfeiture provisions follow from Article 44b of the Criminal Code in the version in force since 29 January 2026. Forfeiture is mandatory where the alcohol concentration is at least 1.5 per mille in the blood or 0.75 mg/dm³ in exhaled breath, and also in cases of recidivism and causing an accident while intoxicated. The court may refrain from ordering forfeiture if an exceptional case justified by special circumstances is made out. In other cases, forfeiture is discretionary. Further detail is provided in the dedicated section.
What are the consequences of causing an accident while under the influence of alcohol? Causing an accident while intoxicated carries a custodial sentence of between 6 months and 8 years (Article 177 § 2 in conjunction with Article 178 § 1 of the Criminal Code), a mandatory driving disqualification of at least 3 years, and vehicle forfeiture.
Accidents and Collisions
What is the difference between a collision and a road accident? A collision is an incident resulting only in material damage or injuries lasting up to 7 days – it is a misdemeanour. A road accident is an incident in which a road user sustained injuries impairing bodily functions or causing a health disorder lasting more than 7 days – it is a criminal offence under Article 177 of the Criminal Code.
Do I have to call the police after every minor collision? There is no obligation to call the police where only material damage has occurred, the circumstances are clear and the at-fault party admits responsibility. In such cases a joint written statement from the parties is sufficient. The police must always be called where anyone has been injured.
What should I do immediately after a road accident? Stop the vehicle, secure the scene with a warning triangle, check on those injured, call for medical assistance and the police, do not move the vehicles before the services arrive and remain at the scene. It is also worth securing evidence – photographs of the scene, witness details and the at-fault driver’s policy number.
What are the consequences of fleeing the scene of an accident? Fleeing the scene results in aggravated criminal liability under Article 178 § 1 of the Criminal Code – the court must impose a custodial sentence of at least half above the statutory minimum up to half above the statutory maximum for the offence attributed to the driver. Fleeing is also grounds for a mandatory driving disqualification and may be the basis for discretionary vehicle forfeiture.
What documents should I collect after a collision? Details of all parties (name, address, third-party liability policy number and insurer name), vehicle details (registration numbers, makes), photographic documentation of the scene and damage, and witness details.
Compensation and Vehicle Repairs
How do I obtain full compensation from the at-fault driver’s third-party liability insurance? Report the claim to the at-fault driver’s insurer, provide full documentation (photographs, a repair estimate, the police report) and do not accept the insurer’s first offer without checking it. The first offer is frequently undervalued – it is worth consulting a lawyer or expert before accepting.
What should I do if the insurer undervalues the compensation? Lodge a formal complaint with the insurer with reasons and supporting documentation, then – if that produces no result – complain to the Financial Ombudsman or refer the matter to court.
Am I entitled to reimbursement of replacement vehicle costs? Yes. The injured party is entitled to reimbursement of the cost of hiring a replacement vehicle for the duration of the repair, if they actually used a vehicle or had a justified need for one. This is addressed in detail in the compensation section.
Can I claim compensation for the loss in the vehicle’s value after an accident? Yes. A claim for compensation for diminution in the vehicle’s market value is available under Article 361 of the Civil Code. Insurers routinely reject such claims, but courts are increasingly awarding them.
Driving Licence Seizure and Disqualifications
For what offences can a driving licence be seized? Licence seizure occurs for exceeding the speed limit by more than 50 km/h in a built-up area, carrying too many passengers and exceeding the penalty points limit, among others. The procedure is described in detail in a separate section.
How do I recover my licence after a driving disqualification? If the disqualification lasted less than one year, it is sufficient to apply for the return of the licence. If it lasted one year or longer, the driver must first pass a state examination – both theory and practical.
Can I appeal against a licence seizure decision? Yes. An appeal against the district authority’s decision to seize a driving licence lies to the Regional Administrative Appeals Board (SKO) within 14 days of service of the decision.
What are the consequences of driving in breach of a disqualification? Driving in breach of a court-imposed disqualification is a criminal offence under Article 244 of the Criminal Code, carrying a custodial sentence of between 3 months and 5 years. Driving after a licence seizure imposed by an administrative decision (for example for penalty points) is a criminal offence under Article 180a of the Criminal Code, carrying a fine, restriction of liberty or imprisonment of up to 2 years.
Can a driving disqualification be shortened? Yes, but only in limited circumstances. Article 84 § 1 of the Criminal Code allows for early completion of a disqualification after at least half of the period has elapsed, if the convicted person has complied with the law. This provision does not apply, however, to mandatory disqualifications imposed under Article 42 §§ 2, 3 and 4 of the Criminal Code – including those for drink driving. Further detail is provided in a separate section.
The Role of a Lawyer in Road Traffic Cases
When is it worth getting a lawyer in a road traffic case? Legal assistance is particularly valuable in cases involving drink or drug driving, causing a road accident, refusing a fixed penalty notice, licence seizure or revocation, and vehicle forfeiture.
What can a lawyer do in a fixed penalty notice case? A lawyer can advise whether it is worth refusing the notice, prepare an application to set aside a final notice in the cases provided for by Article 101 of the Code of Misdemeanour Procedure, and represent the client in court proceedings following a refusal.
How can a lawyer help in a drink driving case? A lawyer can challenge the correctness of the breathalyser test, identify procedural errors, seek a more lenient sentence or a conditional discontinuance of proceedings, and work to minimise the length of the driving disqualification.
What is the lawyer’s role in proceedings for causing a road accident? The lawyer analyses the evidence, applies for the appointment of experts, examines witnesses, challenges unfavourable expert opinions and constructs a defence strategy aimed at the most favourable outcome.
Can a lawyer help to avoid vehicle forfeiture? Yes. Where mandatory forfeiture applies, a lawyer can demonstrate that an exceptional case justified by special circumstances exists, warranting departure from the forfeiture order. The lawyer can also challenge the breathalyser results or the classification of the conduct as the basis for forfeiture.
Procedure in Misdemeanour and Criminal Road Traffic Cases
How do misdemeanour road traffic proceedings work? After a fixed penalty notice is refused, the case goes to the district court’s criminal division. Misdemeanour proceedings are streamlined and a hearing often takes place at a single session. The court may also issue a penal order without holding a hearing – an objection to a penal order must be lodged within 7 days of service.
How do criminal road traffic proceedings work? Proceedings divide into a pre-trial stage (conducted by the police and prosecutor) and a court stage. During the proceedings, evidence is gathered, witnesses are heard and experts are appointed.
How long does a drink driving case take? Proceedings for a criminal offence under Article 178a of the Criminal Code typically take between several months and one year, depending on the court’s workload and the complexity of the case. Drug driving cases take longer due to the need to await laboratory results and expert opinions.
Other Frequently Asked Questions
Can errors in road markings be a ground for refusing a fixed penalty notice? Yes. If the road markings were incorrect, invisible or non-compliant with regulations, this may be a ground for refusing a notice or – for notices already accepted – for setting them aside under Article 101 of the Code of Misdemeanour Procedure, if the conditions of that provision are met.
Can a vehicle be driven in Poland on the basis of a foreign driving licence? A driving licence from a country outside the EU/EEA is valid for 185 days from the date of obtaining residency in Poland (that is, from the date of receiving a residence card or other document confirming legal residence) – not from the date of crossing the border. During this period the foreign national should apply for the document to be exchanged for a Polish driving licence.
What are the consequences of driving a vehicle without a valid roadworthiness certificate? Driving without a valid certificate carries a fine and seizure of the vehicle registration document. The vehicle may only return to the road after passing a technical inspection.
Can compensation be claimed for an accident caused by a poorly maintained road? Yes. The road authority is liable for damage resulting from inadequate road maintenance under Articles 415 or 416 of the Civil Code. The claim is directed at the road authority or its insurer.
What are the limitation periods for road accident claims? It depends on the circumstances. Where the accident constituted a criminal offence, the claim becomes time-barred after 20 years from the date the offence was committed, regardless of when the injured party became aware of the loss (Article 442¹ § 2 of the Civil Code). In other cases, the period is 3 years from the date of becoming aware of the loss and of the person liable, subject to a maximum of 10 years from the incident (Article 442¹ § 1 of the Civil Code). For personal injury, the limitation period cannot expire before 3 years from the date of becoming aware of the loss (Article 442¹ § 3). The limitation period for a claim by a minor cannot expire before 2 years from the minor reaching majority (Article 442¹ § 4).
Contact Us
Road traffic law changes frequently, and the consequences of a wrong decision – whether accepting a notice or staying silent during a check – can be far-reaching.
It pays to be properly prepared: both in knowing what you can claim and in having a clear strategy.
We handle cases for drivers in Poznań and across the Wielkopolska region, with in-person and online consultations available for clients elsewhere in Poland.
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 text is for general information purposes only and does not constitute legal advice. Every case requires individual analysis.