The driver had a driving license but did not have the document with him.
The whole story began with my driver’s license being suspended for three months. After the penalty was over, the driver did not collect the document from the deposit, thinking that since Polish regulations do not require carrying a physical document with him, he would not need it. He adds that the document was kept for about two years, and the driver automatically got his driver’s license back. Car repair service.
In October 2022, during the road test, the driver did not have the document with him. Let us remind you that from the end of 2020, drivers with a Polish driving license will not have to carry a physical document with them, because they are all in a special system.
However, the case ended up in court, where the driver was convicted of driving without a license under Art. 94 § 1 of the Code of Minor Offences. The judge imposed a fine of PLN 2,000 and a driving ban of six months.
Ombudsman intervention
Stanislav Trosiuk, Deputy Ombudsman, filed a cassation appeal, accusing the ruling of gross violation of substantive law. He stated that driving a car without a valid driver’s license does not constitute a deficiency in a driver’s license. The Human Rights Commissioner emphasizes that rights are automatically restored after less than a year, regardless of receipt of the document.
In the opinion of the Commissioner for Human Rights, the attribution of fault to the driver according to Art. 94 § 1 of the Minor Offences Act is incorrect and should lead to the driver’s acquittal. Stanisław Trosiuk requested that the contested verdict be annulled and the driver acquitted.
According to Interia, the Human Rights Commissioner was able to overturn this ruling.
New regulations on the horizon
The list of crimes that can cost you your driver’s license may be longer this year. The National Highway Traffic Safety Administration plans to tighten the regulations. Violating the regulations behind the D-43 sign will be added to the list.
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