Fixed Penalty Notices and Penalty Points – What Every Driver Should Know
A fixed penalty notice is not just an immediate financial penalty – it can trigger a chain of consequences: penalty points, loss of a driving licence and, in extreme cases, court proceedings. The Polish penalty system has undergone significant changes in recent years, tightening fines and modifying the rules for awarding points. It is worth knowing the current rules before deciding whether to accept a notice or refuse it.
Contents
- Current fines for the most common offences
- Refusing a fixed penalty notice – when it is worth considering and what the consequences are
- Setting aside a final fixed penalty notice – when it is possible
- Penalty points – how they are assigned and removed
- Exceeding the points limit – what happens next
- How to defend yourself effectively against an unjust notice
- Practical examples from our caseload
- FAQ
Current Fines for the Most Common Offences
The figures below are based on the regulation of the Prime Minister on the level of fines imposed by fixed penalty notice. The tariff is subject to change – before making any procedural decision, it is worth verifying the current figures in the applicable regulation or on the gov.pl website.
Exceeding the speed limit:
| 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 |
Other common offences: using a mobile phone while driving – PLN 500, 5 points; driving without a seatbelt – PLN 100, 5 points; driving through a red light – PLN 500, 8 points; failing to give way to a pedestrian at a crossing – PLN 1,500, 15 points; improper parking – PLN 100 to 300, 1 point; driving in a state of use of alcohol (0.2–0.5 per mille) – from PLN 2,500, 15 points.
Where several violations are committed simultaneously, the points are added together, but the total number of points assigned for a single incident cannot exceed 15 (Article 98(3) of the Act on Drivers of Vehicles). In cases of recidivism – committing the same offence again within two years – the fine is doubled.
Refusing a Fixed Penalty Notice – When It Is Worth Considering and What the Consequences Are
A driver has the right to refuse a fixed penalty notice. The case is then referred to the district court with jurisdiction over the place where the offence was committed, which hears it in summary proceedings for misdemeanour offences.
Refusing a notice may be justified where the driver has convincing evidence of their innocence – dashcam footage, witness statements or documentation undermining the validity of the measurement. It is also justified where the offence has been incorrectly classified or where the measurement was carried out in breach of procedure.
The risk must be borne in mind, however: if the court finds the driver guilty, it may impose a harsher penalty than the proposed notice. The court may impose a fine, a reprimand or a driving disqualification of between six months and three years. The decision to refuse should be considered carefully and based on a realistic assessment of the prospects.
Setting Aside a Final Fixed Penalty Notice – When It Is Possible
Accepting a notice makes it final. Article 101 § 1 of the Code of Misdemeanour Procedure does, however, provide for mandatory setting aside of a final notice in three situations: where the fine was imposed for an act that does not constitute a prohibited misdemeanour offence; where it was imposed on a person who committed the act before turning 17; or where the law provides that the perpetrator does not commit a misdemeanour on grounds set out in Articles 15–17 of the Code of Misdemeanours (including necessary defence and necessity).
An application to set aside the notice may be submitted by the person penalised, their statutory representative or legal guardian – within seven days of the notice becoming final. Setting aside may also occur on the court’s own motion or on the application of the authority whose officer imposed the fine. The court with jurisdiction over the area in which the fine was imposed is competent to set it aside.
The scope of this mechanism is narrow. A driver’s own belief in their innocence is not a basis for setting aside a notice they have already accepted. This is worth bearing in mind before signing a notice – reversing that decision is possible only in strictly defined circumstances.
Penalty Points – How They Are Assigned and Removed
Under Article 98(1) of the Act on Drivers of Vehicles, penalty points are assigned to a driver from the date the decision becomes final – the acceptance of a fixed penalty notice, the final judgment of a court or a disciplinary ruling.
The rules for removing points from the register are complex and depend on the circumstances of the specific case. As a general rule, the information is removed after one year, but the moment from which that period runs varies depending on the case: it may be one year from the decision becoming final (where the fine was paid immediately upon accepting the notice), one year from the date the fine was paid in other cases, one year from the date the fine was written off, or – regardless of the expiry of the period – the moment the driver completes a road safety re-education course or their entitlements are revoked. The detailed rules are set out in Article 98(5) of the Act on Drivers of Vehicles.
The current points balance is best checked via a trusted profile on gov.pl, through the mObywatel app (in the mKierowca section) or in person at a police station.
Exceeding the Points Limit – What Happens Next
The penalty points limit is 24 for drivers who have held a licence for more than one year, and 20 for those in their first year after obtaining their licence. Once the limit is exceeded, the district authority (starosta) issues a decision on the seizure of the driving licence.
The driver has seven days from service of the decision to surrender the document to the district authority. They are then required to sit a competence test at the Provincial Road Traffic Centre (WORD). Once the test has been passed, an application for the return of the document may be submitted.
Driving after the seizure of a driving licence as a result of exceeding the penalty points limit constitutes a criminal offence under Article 180a of the Criminal Code, punishable by a fine, restriction of liberty or imprisonment of up to two years.
How to Defend Yourself Effectively Against an Unjust Notice
Effective defence requires concrete evidence, not just an assertion of innocence. The most commonly effective arguments include: a faulty speed measurement – an out-of-date device calibration, improper use or a measurement error; failure to unambiguously identify the driver – particularly in speed camera cases where the driver’s face is not visible in the photograph; incorrect road markings – signs that are invisible, obscured or non-compliant with regulations; acting under necessity – for example the need to transport a person requiring immediate medical attention; and technical circumstances of the vehicle that compelled a particular course of action on the road.
Preserving evidence as quickly as possible after the incident is critical: dashcam footage, photographs of the scene and road markings, and technical documentation for the measuring device. This material can be decisive in court proceedings.
Practical Examples from Our Caseload
A driver received a speeding notice based on a laser speed measurement. He refused the notice and the case went to court. The firm applied for the technical documentation of the device to be produced – it emerged that the calibration certificate had expired before the date of the measurement. The court acquitted the defendant, finding the measurement evidence unreliable.
A driver approaching the penalty points limit received a notice for failing to give way to a pedestrian. Dashcam footage showed that the pedestrian had stepped onto the crossing at the last moment, when the vehicle was already on it. The firm referred the case to court, presenting the footage as evidence. The court acquitted the driver, allowing him to avoid exceeding the points limit and losing his licence.
FAQ
Is it worth refusing a fixed penalty notice if I have no evidence? Generally no. Without concrete evidence or legal arguments, the chances of an acquittal before a court are slim and the risk of a higher penalty is real. Refusal makes sense when the driver has supporting evidence or when there are grounds to challenge the validity of the measurement or the classification of the offence. It is worth consulting a lawyer before making a decision.
How do I check my current penalty points balance? Penalty points can be checked online using a trusted profile on gov.pl (the “Check your penalty points” service), through the mObywatel app in the mKierowca section, or in person at any police station.
Do penalty points disappear one year after the offence? No – the moment from which the one-year removal period runs depends on the circumstances: the method and timing of payment of the fine, any write-off of the fine or completion of a re-education course. The detailed rules are set out in Article 98(5) of the Act on Drivers of Vehicles. The current points balance is best verified directly in the register.
What happens if I exceed the points limit but do not surrender my licence? Driving after a decision has been issued to seize the driving licence as a result of exceeding the points limit constitutes a criminal offence under Article 180a of the Criminal Code, punishable by imprisonment of up to two years. It does not matter whether the document has physically been seized – what matters is that the decision has been issued.
Can an accepted fixed penalty notice be reversed? Only in the exceptional circumstances set out in Article 101 § 1 of the Code of Misdemeanour Procedure – where the fine was imposed for an act that does not constitute a misdemeanour offence, on a person under 17, or where statutory circumstances excluding liability apply. A driver’s own belief in their innocence is not a basis for setting aside a notice they have already accepted.
Contact Us
The decision whether to accept or refuse a fixed penalty notice can have far-reaching consequences – both financial and for the points balance.
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.