Rights and Duties of a Driver – What to Know Before You Drive and During a Roadside Check
Road traffic law regulates not only how you must drive, but also what rights you have during a roadside check and what consequences follow from breaching them. Knowing these rules helps you avoid unnecessary problems and effectively protect your interests in disputed situations.
Contents
- Documents you are required to carry
- Basic duties of a driver on the road
- Duties towards pedestrians and cyclists
- The vehicle’s technical condition
- A driver’s rights during a roadside check
- Sobriety testing – rights and obligations
- Licence seizure and revocation – the difference
- Special situations – vehicle breakdown and necessity
- A Polish driving licence abroad
- FAQ
Documents You Are Required to Carry
The rules on what documents must be carried while driving have changed significantly in recent years. Since 1 October 2018, a driver is not required to carry a physical vehicle registration document or a paper confirmation of a valid third-party liability insurance policy. There is also no requirement to carry a physical driving licence – the authorities have electronic access to this data.
Currently, a driver on Polish roads is only required to carry a document establishing their identity – a national identity card or another document allowing identification. The requirement to carry and produce a driving licence applies only to drivers using a licence issued abroad (Article 38 of the Road Traffic Act).
Failing to carry a physical driving licence does not result in a fine. Severe consequences apply, however, for having no licence entitlement at all or for driving after entitlements have lapsed.
Basic Duties of a Driver on the Road
A driver’s primary duty is to adjust their speed to the conditions on the road – not only to the applicable limit, but also to visibility, road surface, traffic density and weather conditions. The rules also require compliance with road signs and traffic lights, maintaining a safe distance from other vehicles, using lights in accordance with the regulations and wearing a seatbelt.
Transporting children requires the use of appropriate child seats or restraint devices suited to their weight and height – this obligation follows from Article 39 of the Road Traffic Act.
Using a hand-held mobile phone while driving is prohibited and carries a fine and penalty points. The use of a hands-free kit or earpiece is permitted, provided the driver maintains full control of the vehicle.
Duties Towards Pedestrians and Cyclists
A driver is required to give way to a pedestrian who is on a pedestrian crossing, and also to a pedestrian who is stepping onto one. Overtaking is prohibited at pedestrian crossings and immediately before them. It is also prohibited to go around a vehicle that has stopped in front of a crossing to give way to a pedestrian.
Particular care is required near public transport stops – due to the possibility of pedestrians appearing suddenly near the carriageway.
In relation to cyclists, a driver is required to maintain a safe distance when overtaking. At a cycle crossing, the driver must give way to the cyclist.
The Vehicle’s Technical Condition
A driver is required to keep the vehicle in a condition that ensures road safety. This covers the functioning of the braking, steering and lighting systems, adequate tyre condition (the minimum tread depth for summer tyres is 1.6 mm), functioning windscreen wipers and washers, and clean windows and mirrors ensuring good visibility.
If a police officer or vehicle inspector identifies a defect affecting safety, the vehicle registration document may be seized. If the driver disputes the assessment of the vehicle’s technical condition, they may request that the vehicle be sent for a technical inspection. If the inspection confirms that the vehicle is roadworthy, the costs are borne by the authority that seized the document.
A Driver’s Rights During a Roadside Check
During a roadside check, the driver has the right to be told the reason for the stop – the officer is required to inform them why the vehicle was pulled over. If the officer is not in uniform, the driver has the right to ask to see their warrant card and to be told the officer’s rank, first name and surname.
A driver has the right to refuse a fixed penalty notice if they disagree with the alleged offence. The matter then goes to court, which independently assesses the question of guilt and imposes a penalty. Refusing a notice carries the risk of a higher penalty if the court finds the driver guilty, as well as an obligation to pay the costs of the proceedings.
A driver has the right to record the course of a roadside check. Recording does not require the officer’s consent, but must not impede the conduct of the check. A recording can constitute evidence in any subsequent court proceedings.
Sobriety Testing – Rights and Obligations
A driver is required to submit to an alcohol test when requested by an authorised authority. Refusal is a misdemeanour punishable by detention or a fine, and the fact of refusal may be assessed by a court to the driver’s detriment.
During a breathalyser test, the driver has the right to request the use of a disposable mouthpiece, to be told the result of the test, and – if there are doubts about the breathalyser reading – to request a blood test.
Licence Seizure and Revocation – The Difference
Licence seizure is a temporary measure, after which the driver recovers their entitlements without needing to retake the test – unless the ban lasted one year or longer, which triggers an obligation to sit a competence test. Seizure occurs in connection with exceeding the speed limit by more than 50 km/h in a built-up area, carrying too many passengers, a suspicion of driving under the influence of alcohol or narcotics, or causing an accident. An appeal against the district authority’s administrative decision on licence seizure lies to the Regional Administrative Appeals Board (SKO) within 14 days of service of the decision.
Licence revocation is a permanent loss of entitlements, after which the full procedure for obtaining a driving licence must be completed from scratch – including both the theory and practical tests. It occurs in the event of the loss of required health or psychological qualifications, a court judgment imposing a driving disqualification, or failure to undergo a mandatory medical or psychological examination.
Special Situations – Vehicle Breakdown and Necessity
In the event of a breakdown, the driver has the right to stop the vehicle in a location where stopping would normally be prohibited, if the circumstances make this necessary. The vehicle must be marked with a warning triangle and moved to the hard shoulder or another safe location as soon as possible.
A state of necessity – for example the need to take a person in immediate danger to hospital – may in exceptional cases justify a breach of road traffic rules. This is, however, a circumstance whose existence must be demonstrated in proceedings. Invoking necessity without genuine grounds does not constitute an effective defence against liability.
A Polish Driving Licence Abroad
A Polish driving licence is recognised in all EU member states without the need for any additional documentation. In countries outside the EU, an international driving licence or a translation may be required – it is worth checking the requirements of the specific country before travelling.
An international driving licence is issued by the district authority (starosta) with jurisdiction over the driver’s place of residence. It is valid for three years, but no longer than the period of validity of the national driving licence.
Penalties and penalty points imposed in most EU member states may be recognised in Poland under EU cooperation mechanisms. An offence committed abroad may therefore have consequences for a driver’s entitlements in Poland.
FAQ
Do I have to carry my driving licence when driving? No. A driver is not required to carry or produce a physical driving licence on request. A police officer can verify entitlements in the IT system.
Am I required to submit to a breathalyser test? Yes. Refusal is a misdemeanour, and the fact of refusal may be assessed by a court to the driver’s detriment.
Can the police search my car during a roadside check? The police have authority to carry out various forms of vehicle inspection, including preventive checks. A full search within the meaning of the Code of Criminal Procedure requires specific conditions to be met and is generally connected with a suspicion of criminal conduct. If the driver has doubts about the legal basis for the steps being taken, they have the right to ask what it is.
What should I do if I disagree with the police officer’s assessment of the vehicle’s technical condition? The driver may request that the vehicle be sent for a technical inspection. If the inspection confirms the vehicle is roadworthy, the costs are borne by the authority that seized the vehicle registration document.
Does an offence committed abroad affect my driving entitlements in Poland? Yes, to the extent that EU mutual recognition mechanisms apply. Penalties and penalty points imposed in other EU member states may be enforced or taken into account in Poland. On returning to Poland, it is worth consulting a lawyer if a driving licence was seized abroad or a more serious sanction was imposed.
Contact Us
Knowing your rights during a roadside check, following a licence seizure or in misdemeanour proceedings can determine the outcome of the case.
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.