LEGAL BASIS

As of Saturday, 17 September 2022, the provisions of the Regulation of the Minister of the Interior and Administration (MSWiA) on the records of vehicle drivers violating traffic regulations came into force. The changes include introduction of a maximum penalty of 15 points for the most serious traffic offences. These in particular affect drivers who repeatedly exceed the speed limits and drive under the influence of alcohol.

CANCELLATION OF PENALTY POINTS

Penalty points awarded for violations committed before 17/09/2022 are cancelled as follows:

• after one year has passed from the date of the violation,
• Remember! In two exceptional cases penalty points will not be deleted from your account – if the sum of your temporary penalty points and active penalty points exceeds the limit of 24 points (20 points if it is your first driving licence and you have had it for less than a year),

The issue of penalty points awarded for violations committed on or after 17/09/2022 looks different, as they will be cancelled:

• two years after the date the decision becomes final. If a fine (in the form of a ticket) is imposed for a violation and constitutes the State Budget revenue, or if a ticket is issued by the Road Transport Inspectorate, -> the two-year period starts on the date on which you pay the fine, 
• if a decision on withdrawing your driving licence is made;
• if you are notified of a positive check of your qualifications;
• if the district governor refuses to issue a decision on referring a person for a verification of qualifications or a decision on withdrawing the licence – at the request of the provincial police commander.

THE MSWiA REGULATION LISTS 21 MOST SERIOUS TRAFFIC OFFENCES, FOR WHICH A DRIVER MAY RECEIVE 15 PENALTY POINTS:

The Regulation of the Minister of the Interior and Administration on the records of vehicle drivers violating traffic regulations lists 21 offences for which drivers may receive 15 penalty points at a time. These 21 offences include, among others:

• driving a motor vehicle while drunk, under the influence of alcohol or under the influence of intoxicants;
• failure to offer aid to accident victims;
• bypassing a vehicle that is travelling in the same direction but has stopped to give way to a pedestrian;
• overtaking a vehicle on a pedestrian crossing where traffic is not controlled or immediately before a pedestrian crossing;
• failure to give way to a pedestrian on a pedestrian crossing or a pedestrian entering a pedestrian crossing;
• failure to stop the vehicle when a disabled person using a special sign or a person with evident reduced mobility is crossing the road in order to allow them to cross;
• failure to obey a signal given by a person authorised to control traffic ordering to stop the vehicle, in order to avoid an inspection;
• failure to obey traffic lights;
• failure to obey signals and instructions given by persons authorised to direct traffic and persons authorised to control traffic;
• exceeding the speed limit by more than 70 km/h;
• violating the ban on bypassing lowered barriers or half barriers and entering a crossing when barriers have started to lower or have not been fully lifted;
• carrying more than two children in a vehicle in contravention of the regulations.

RELAPSE

The Regulation of the Minister of the Interior and Administration on the records of vehicle drivers violating traffic regulations also introduces the notion of relapse. After 17 September 2022, drivers who commit the same type of offence again within two years will have to pay a double fine.

Fine rates for speeding relapse:

• for exceeding the speed limit by more than 30 km/h, the fine is PLN 800 (PLN 1,600 in case of relapse);
• for exceeding the speed limit by more than 40 km/h, the fine is PLN 1000 (for repeat offenders – PLN 2000);
• for exceeding the speed limit by more than 50 km/h, the fine is PLN 1500 (for repeat offenders – PLN 3000);
• for exceeding the speed limit by more than 60 km/h, the fine is PLN 2000 (for repeat offenders – PLN 4000);
• for exceeding the speed limit by more than 70 km/h, the fine is PLN 2500 (for repeat offenders – PLN 5000).

Fine rates in case of relapse other than speeding:

• failure to give priority to a pedestrian – first time: PLN 1,500 (relapse – PLN 3,000);
• breaking the ban on overtaking – first time: PLN 1000 (relapse – PLN 2000);
• overtaking on or before a crossing – first time: PLN 1500 (relapse – PLN 3000);
• failure to maintain caution and causing a threat to road traffic safety whose consequence is an injured pedestrian, cyclist, etc. – first time: PLN 1500 (relapse – PLN 3000);
• bypassing a vehicle that has stopped to give way to a pedestrian – first time: PLN 1500 (relapse – PLN 3000);
• entering a railway track while the barriers are lowered, being lowered or not fully lifted – first time: PLN 2000 (relapse – PLN 4000);
• entering a level crossing with a red signal on or when there is no space on the other side to continue driving – first time: PLN 2000 (relapse – PLN 4000);
• driving a motor vehicle while under the influence of alcohol or another intoxicant – first time: PLN 2500 (relapse – PLN 5000).

CHANGE IN THE NUMBER OF PENALTY POINTS AWARDED FOR SPEEDING:

Until now, no penalty points were awarded to drivers for exceeding the speed limit by no more than 10km/h. The MSWiA Regulation, however, tightens the rules on awarding penalty points for speeding:

• for exceeding the speed limit by up to 10 km/h, drivers will receive 1 penalty point;
• for exceeding the speed limit by 11 to 15 km/h, drivers will receive 2 penalty points;
• for exceeding the speed limit by 16 to 20 km/h, drivers will receive 3 penalty points;
• for exceeding the speed limit by 21 to 25 km/h, drivers will receive 5 penalty points;
• for exceeding the speed limit by 26 to 30 km/h, drivers will receive 7 penalty points;
• for exceeding the speed limit by 31 to 40 km/h, drivers will receive 9 penalty points;
• for exceeding the speed limit by 41 to 50 km/h, drivers will receive 11 penalty points;
• for exceeding the speed limit by 51 to 60 km/h, drivers will receive 13 penalty points;
• for exceeding the speed limit by 61 to 70 km/h, drivers will receive 14 penalty points;
• for exceeding the speed limit by more than 70 km/h, drivers will receive 15 penalty points.