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A driving license is a document that entitles you to drive a vehicle, but it is not a privilege given forever. In Poland, there are many situations in which a driver can lose their driving license - both for a specified period and indefinitely.
It is worth knowing what the legal basis is for taking away your driving license, what the consequences of such a decision are, and what steps you can take to regain your license.
In the Polish legal system, there are three basic cases of loss of this document:
- Suspension of a driving license by a police officer – temporary withdrawal of the document in certain situations.
- Withdrawal of a driving licence by the district governor – based on an administrative decision regarding the withdrawal of authorisations.
- Convocation of a driving licence by a court or prosecutor on the basis of a decision.
Additionally, in certain situations, the court may also impose a driving ban. Such a ban is a penal measure applied by the court in connection with the commission of a crime or misdemeanor. In some situations, imposing a ban is obligatory, and in others, optional. In such a case, the right to drive also expires.
Driving license withdrawal – when and on what basis?
Our driving license is most often seized during a road check conducted by the police. It is worth remembering that such a driving license withdrawal is temporary and only begins the actual procedure for the withdrawal of authorizations.
- Depending on the reason for the seizure of your driving license, it will be either an administrative procedure or criminal/misdemeanor proceedings.
- Regardless of the procedure, there is always a possibility to defend your rights if you believe that the withdrawal of your driving license was unjustified!
When can the police take away our driving license?
The grounds for confiscating a driving licence by an officer are regulated by Article 135 of the Road Traffic Act.
- A police officer has the right to confiscate a driving licence in certain cases, including:
- Driving a vehicle under the influence of alcohol or drugs (Article 135, paragraph 1, point 1, letter a) – mandatory seizure of the driving license,
- Exceeding the speed limit by more than 50 km/h in a built-up area (Article 135, paragraph 1, point 2) – detention for a period of 3 months,
- Carrying more passengers than permitted in the vehicle registration certificate (Article 135, paragraph 1, point 2a) – detention for 3 months,
- Involvement in a road accident in which another person was injured (Article 135 paragraph 1 point 1 letter c)
- An officer’s finding of visible damage to a document or suspicion of its forgery (Article 135 paragraph 1 point 3).
What to do if the police confiscate your driving license?
First of all, contact a lawyer who will help you properly assess your legal situation and choose the most appropriate course of action.
Can I drive after my driving licence has been suspended?
- Don't drive! Having your driving license withheld by the police means that in most cases you can't drive!
- Violation of the driving ban will be severely punished - the period of suspension of the driving license will be extended (from 3 months to 6 months), and in the worst case, the authorization will be withdrawn. Don't risk it!
- Only in some cases, despite having your license suspended, you can drive a car. However, you can only do so for a specific, short period of time.
When and for how long can I drive if the police have confiscated my driving licence?
Depending on the case, as long as you have a receipt for your driving licence being suspended, you may drive:
- Within 24 hours of the withdrawal of the driving licence – if the withdrawal is due to:
- Exceeding the number of 24 points for violating traffic regulations
- Committing three road safety offences or one road safety offence during the probationary period (i.e. within 2 years of obtaining the first driving licence).
- Driving a vehicle at a speed exceeding the permitted speed limit by more than 50 km/h in a built-up area.
- Transporting more people in the vehicle than specified in the registration certificate (temporary permit) or resulting from the design purpose of the vehicle, which is not subject to registration.
- performing transport using a vehicle equipped with a tachograph contrary to the regulations, e.g. by failing to record using the tachograph on the record sheet or driver card the indications regarding the vehicle speed, driver activity or distance travelled.
- For 7 days from the date an officer stops your driving licence if it was taken away, among other things, because the document was no longer valid or because there is a suspicion that the driver has committed a crime or offence for which a driving ban may be imposed.
- Information about the withdrawal of a driving license is transmitted via an electronic system. Even if the police did not physically take the document from you, information about the withdrawal will be in the system.
What happens when the police confiscate your driving license?
The police who seized your driving license will forward the case to the appropriate authority for a decision to be issued regarding the withdrawal of your driving license.
Depending on the reason for your arrest, you will receive:
a) a decision of the district governor to withdraw the driving license (if the withdrawal is due to exceeding the speed limit by more than 50 km/h in a built-up area or due to an excessive number of passengers)
b) court decision (if the driving licence is withdrawn due to the commission of an offence)
c) prosecutor’s decision (if the withdrawal of the driving licence is related to a crime).
Each of these decisions is subject to appeal!
How to appeal against a starosta’s decision or ruling?
Depending on the reason for the confiscation of your driving license, your case will be forwarded to the district governor or the court/prosecutor.
If you receive a decision from the starosta to withdraw your driving license, you may appeal against it to the Local Government Appeal Board (SKO) within 14 days of receiving the decision.
[remember that the decision of the starosta is issued with immediate enforceability. This means that it is effective and enforceable, and appealing against it does not affect the fact that it must be respected. If the decision of the SKO is also unfavourable to you, you have the right to appeal to the Provincial Administrative Court and then to the Supreme Administrative Court.
In the case of a decision issued by the court and the prosecutor, the deadline is half as long and is 7 days from the date of service of the decision.
A complaint against a decision regarding the suspension of a driving licence should be filed:
1. To the District Court with jurisdiction over the place where the crime was committed through the Public Prosecutor who issued the decision in the event that we have received a decision issued by the Public Prosecutor.
2. Directly to the District Court that issued the decision, if we received a court decision to seize our driving license. In such a case, our case will be heard by the same court, but with a different composition.
When is the loss of a driving license most likely to occur?
Loss of a driving licence may occur in cases provided for in the provisions of several acts, including the Penal Code, the Petty Offences Code and the Act on Vehicle Drivers.
Most often, a driving license is taken away for:
a) Exceeding the penalty point limit
A driver who accumulates 24 penalty points (or 20 points if they have held their licence for less than a year) may be required to take a re-test. Failure to do so will result in their licence being revoked.
b) Exceeding the speed limit by more than 50 km/h in a built-up area
Current regulations provide for automatic suspension of a driving licence for 3 months if a driver exceeds the speed limit by more than 50 km/h in a built-up area.
c) Driving under the influence of alcohol or drugs
Driving under the influence of alcohol (over 0.5 per mille of alcohol in the blood) or under the influence of drugs results in a mandatory driving ban, which can range from several months to a lifetime driving license suspension.
d) Causing a road accident
If a driver causes an accident in which someone is seriously injured or dies, the court may impose a driving ban ranging from several years to life.
e) Escaping from the police
Ignoring a command to stop your vehicle and attempting to flee is an offence that could result in a driving ban of several years.
f) Driving despite a court ban
If a driver who has had their licence previously withdrawn continues to drive, they may face additional penalties, including an extension of the ban or a prison sentence.
What is the procedure for withdrawing a driving license?
A driving licence may be withdrawn by way of an administrative decision or court ruling:
Administrative decision – if the violation occurred, for example, as a result of exceeding the penalty points or speed limit, the police will retain the document and refer the case to the district governor, who will issue a decision to temporarily withdraw the driving privileges.
Court or prosecutor's decision – in the case of more serious offences or crimes, e.g. driving under the influence of alcohol, the court or prosecutor issues an order prohibiting the driver from driving for a specified period.
Can I get my driving license back?
Yes, in some cases a driver has the opportunity to get his driving licence back.
Of course, we can get our driving license back after the period for which it was confiscated has passed.
It is worth remembering that in the case of a decision issued by the district governor, as well as by the court or prosecutor, we can appeal and prove that the withdrawal of the driving license was unjustified. In the case of a positive decision, we will get the driving license back.
If the court's decision or order is final, as a rule, there is no way to shorten the time for which the driving license was taken away. Although in some cases it may be possible. Each case is slightly different and requires detailed analysis.
Shortening the driving ban
If the court imposes a penal measure in the form of a driving ban, it is possible to shorten it pursuant to Article 84 of the Penal Code.
A driving ban is one of the penal measures, which means that, as in other cases, it is possible to shorten it. However, for this to be possible, certain conditions set out in the Penal Code must be met.
According to Article 84 § 1 of the Penal Code, the convicted person must meet three cumulative conditions:
- at least half of the ban period has elapsed,
- the ban was enforced for at least one year,
- the perpetrator respected the legal order at that time.
After meeting these conditions, you can file a motion to the court to shorten your driving ban. If the court accepts it, it will issue a ruling to "deem the penal measure to have been executed."
If a lifetime driving ban has been imposed, the court may consider it to have been enforced if:
- the convicted person respected the law and there is no risk of repeating an offence similar to the one for which the penalty was imposed, and
- the penal measure was executed against the convicted person for at least 15 years.
It should be remembered that the driving ban cannot be shortened in this procedure for convicted persons who received it for a period of not less than 3 years in connection with committing a crime against road safety while intoxicated, under the influence of a narcotic substance or fleeing the scene of an accident.
Changing the driving ban to a permit to drive motor vehicles equipped with an alcohol interlock
There is, however, one more option to shorten the period of the driving ban. In situations where former drivers cannot apply for a shortening of the driving ban or when the court has refused to shorten it, there is an alternative solution. They can apply for a change in the manner of execution of the penalty, obtaining permission to drive motor vehicles equipped with an alcohol interlock.
In accordance with Art. 182a § 1 of the Penal Code, if the driving ban has been enforced for at least half of the imposed period, and in the case of a lifetime ban, for at least 10 years, the court may permit its further enforcement in the form of a driving ban only for vehicles that are not equipped with an alcohol interlock.
The court's decision, however, depends on the attitude and personal circumstances of the perpetrator, as well as his or her conduct during the penal measure. There must be a reasonable belief that driving a vehicle by this person will not pose a threat to road safety.
How to defend yourself if your driving license is taken away?
- If you believe that your driving licence was taken away unfairly, you have the right to defend yourself.
- Contact HP Law Firm, our lawyers will analyze your situation for free and help you choose the right course of action!
Summary
Losing your driving license can be a serious problem, especially for people who professionally drive vehicles. That is why it is worth knowing the regulations, following the rules of the road and, if necessary, seeking the help of a specialist. If you have any doubts about your case, consult HP Kancelaria, which will help you find the best solution.
Driving License Suspension – Questions and Answers (Q&A)
A police officer may confiscate a driving licence in the cases specified in Article 135 of the Road Traffic Act, including when:
- The driver drives the vehicle under the influence of alcohol or drugs,
- Exceeded the speed limit by more than 50 km/h in a built-up area,
- It carries more passengers than the registration certificate allows,
- Caused a road accident resulting in bodily injury to another person,
- He has a driving license that is counterfeit or damaged.
Driving privileges can be lost for at least 3 months, but this period can also be 6 months, a year, 3 years or even 15 years. In extreme cases, a driving license can be taken away for life.
Yes, you can. Having your driving license withheld by the police is a temporary condition, it does not necessarily mean that your driving license will be permanently suspended.
Depending on the reason for the arrest, the case will either go to the district governor to issue a decision to take away the driving license or to the court/prosecutor, who will issue an appropriate decision. The decision or resolution is subject to appeal, so you have the opportunity to defend your rights.
You have 14 days from the date of delivery of the decision to appeal against the decision of the district governor to withdraw your authorization. The appeal should be submitted to the Local Government Appeal Board. Remember to send the appeal by registered mail.
You can file a complaint within 7 days of the date of delivery of the decision. If the decision was issued by a prosecutor, you file a complaint to the court, but through the prosecutor's office. If the decision was issued by a court, you file it with the court.
Suspension of a driving licence – this is the temporary confiscation of the document by the police, who then forward it to the district governor or court/prosecutor.
Driving licence revocation – withdrawal of rights based on an administrative decision (of the district governor) or a ruling (decision) of a court or prosecutor (e.g. in connection with a road traffic offence).
The starosta may issue a decision to withdraw driving license when:
The driver exceeds 24 penalty points (or 20 points if the driver has had the licence for less than a year),
the driver of the vehicle exceeded the speed limit by more than 50 km/h in a built-up area
the driver of a motor vehicle transports more people than the number of seats specified in the vehicle registration certificate
The court may confiscate a driving licence as a penal measure in cases specified in the Penal Code and the Petty Offences Code, e.g. for:
- Driving under the influence of alcohol (Article 42 of the Penal Code),
- Causing an accident resulting in death or serious bodily injury,
- Driving again despite a previous driving ban,
- Escaping from the police.
A driving ban can last from 6 months to 15 years, and in special cases it can even be lifetime.
Yes, it is possible to shorten it. However, for this to be possible, the conditions specified in the penal code must be met.
According to Article 84 § 1 of the Penal Code, the convicted person must meet three cumulative conditions:
- at least half of the ban period has elapsed,
- the ban was enforced for at least one year,
- the perpetrator respected the legal order at that time.
After meeting these conditions, you can file a motion to the court to shorten your driving ban. If the court accepts it, it will issue a ruling to "deem the penal measure to have been executed."
If a lifetime driving ban has been imposed, the court may consider it to have been enforced if:
- the convicted person respected the law and there is no risk of repeating an offence similar to the one for which the penalty was imposed, and
- the penal measure was executed against the convicted person for at least 15 years.
In situations where former drivers are unable to apply for a reduction in their driving ban, or where the court has refused to reduce it, there is an alternative solution.
In accordance with the law, you can apply for a change in the manner of serving a penal measure by obtaining permission to drive motor vehicles equipped with an alcohol interlock.
In accordance with Art. 182a § 1 of the Penal Code, if the driving ban has been enforced for at least half of the imposed period, and in the case of a lifetime ban, for at least 10 years, the court may permit its further enforcement in the form of a driving ban only for vehicles that are not equipped with an alcohol interlock.
The court's decision, however, depends on the attitude and personal circumstances of the perpetrator, as well as his or her conduct during the penal measure. There must be a reasonable belief that driving a vehicle by this person will not pose a threat to road safety.
If a driving licence has been suspended for 3 months and the driver continues to drive, this period is extended to 6 months.
If a driver continues to drive despite having his driving license withdrawn, he or she may be subject to a fine, restriction of liberty or imprisonment for up to 2 years (Article 180a of the Penal Code).
Yes, but only if the driver actually has the right to drive the vehicle.
Currently, drivers are not required to carry a paper version of their driving license, registration certificate or a document confirming the validity of their third-party liability insurance policy while driving. However, in the event of a road check, they must still present an ID card or other document confirming their identity.
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Do you have additional questions about having your driving license suspended or revoked?
Contact our law firm – we will help you appeal the decision and defend your rights!
Office
- sekretariat@oldhp.ithelp.center
- +48 71 729 61 51
-
Wita Stoss 3/117,
50-148 Wroclaw - Mon-Fri: 9am-5pm
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