There Will Be a Crackdown on Road Pirates! Tough Penalties, Fines of up to PLN 5,000 and Pensions for Families of Fatal Crash Victims

United Right government:

The bill provides for a number of changes that will enable more effective action against dangerous behavior on the road, including tougher penalties for perpetrators of road crimes and offenses and the introduction of vehicle forfeiture. A new feature is linking motor insurance rates to the number of penalty points and the type of offenses committed.

– No more leniency for road pirates. Road statistics do not lie: too many people are still dying on our roads, and the number of injured people is increasing every day. Road crashes are not only traumatic for victims and their loved ones, but also costly for the economy. Losses to the state budget resulting from road incidents are estimated at more than PLN 56 billion a year; in 2018, these costs accounted for 2.7 percent of Poland’s GDP – said Infrastructure Minister Andrzej Adamczyk.

What do the statistics look like?

• In 2020, 23,540 road crashes were reported on public roads, in residential zones or traffic zones. As a result, 2,491 people died, while 26,463 people were injured, including 8,805 seriously. (Importantly, nearly 90 percent of them occurred through the fault of drivers).
• In 2020, drunk drivers were responsible for 1,656 crashes, in which 216 people died and 1,847 people were injured. Among all crashes caused by drivers, offenders under the influence of alcohol accounted for 7.9 percent.

Government: – A 2018 study of public attitudes and opinions regarding road safety, commissioned by the National Road Safety Council, found that as many as 82 percent of respondents support tougher penalties for speeding. In turn, as many as 89 percent support tougher penalties for drivers’ improper behavior toward pedestrians.

What new solutions does the government want to introduce?

Pension for the next of kin of a road-crash victim

Gov.pl: – As announced by the Prime Minister, the bill provides for a pension to be paid to the next of kin of a road-crash victim by the perpetrator of an intentional crime resulting in death, a driver under the influence of alcohol or a driver under the influence of an intoxicating substance. This benefit will be exempt from income tax and will not be counted as income when family benefits are calculated. The court will award the pension ex officio, without any application from the eligible person or prosecutor.

Lower third-party liability insurance rates for safe drivers

Ministry officials: – In countries such as the United States, the United Kingdom and Ireland, it is standard practice for insurers to include information about a driver’s offenses in motor insurance pricing. This allows insurers to offer lower premiums to drivers who drive safely. The bill will enable insurance companies to access data from CEPiK and adjust motor insurance rates to a driver’s offense history and penalty points received. Once the risk assessment has been completed, the insurer will be required to immediately delete data on the driver’s penalty points.

What about fines?

As radio RMF FM reports:

Key measures:

• The maximum fine for road offenses has been increased from PLN 5,000 to PLN 30,000, while the maximum fine imposed in ticket proceedings has been increased to PLN 3,500.
• The fine for exceeding the speed limit by more than 30 km/h has been increased to up to PLN 5,000; in the case of repeat offenses, the fine will range from PLN 3,000 to PLN 5,000.

Penalty points cleared only after two years

The government announces: – A mechanism will be introduced under which penalty points for violating traffic regulations will be removed only after the fine has been paid. In addition, points will be canceled only after two years have passed from the date the fine was paid. This should ensure the prompt and effective enforcement of the penalty.

After the changes, a driver may receive as many as 15 penalty points for violating traffic regulations; currently, the maximum number of points for certain offenses is 10.

Another significant change is the abolition of training courses that previously reduced the number of points received by a driver.

Where will the money go?

The funds from fines will now be directed toward road construction, which will help improve road safety. The amendment to the Act on Toll Motorways and the National Road Fund is intended to define the revenue flowing to the National Road Fund from fines for offenses specified in this bill.

Easier collection of unpaid fines

The Tax Office will be able to apply a tax refund toward an unpaid fine. This solution is intended to improve the collection of fines imposed for committed road offenses.

Greater protection for pedestrians

The minimum fine for improper behavior toward a pedestrian, such as overtaking at a pedestrian crossing or passing a vehicle that has stopped to yield to a pedestrian, will be at least PLN 1,500. If the perpetrator commits the same violation again within two years, the fine will be at least PLN 3,000. If there is a real threat to a pedestrian’s life or health, the court may impose a driving ban for between six months and three years.

What about drunk drivers?

For a driver under the influence of alcohol, the bill provides for the possibility of imposing up to 30 days of detention and a minimum fine of PLN 1,500 for a non-motor vehicle and PLN 2,500 for a motor vehicle.

The bill also provides for restrictions on the possibility of conditionally suspending a prison sentence in cases of repeat road crimes committed while intoxicated.

People convicted of road crimes committed while intoxicated or under the influence of an intoxicating substance will face at least two years in prison, and in the event of causing a disaster or a fatal crash, at least eight years.

Let us recall that currently, driving a motor vehicle while intoxicated is punishable by a fine, restriction of liberty or imprisonment for up to two years. Given the danger associated with such behavior, the bill provides for tougher liability by introducing imprisonment of up to three years as the only penalty.

The bill also increases the penalty for a repeat road crime committed while intoxicated to between six months and eight years in prison.

Drunk drivers could lose their cars

A new measure is the mandatory forfeiture of a vehicle when an intoxicated driver causes at least a risk of causing a disaster in land traffic.

The court may order the forfeiture of a vehicle even if it does not belong to the perpetrator, when the owner or another authorized person anticipated or could have anticipated that making the vehicle available to the perpetrator could enable the crime to be committed.

The same rules will apply to people driving under the influence of an intoxicating substance.

Ignoring speed limits will no longer pay

Exceeding the speed limit by more than 30 km/h will result in a minimum fine of PLN 1,500, regardless of whether the violation was detected in a built-up area or outside one. If the perpetrator commits the same offense again within two years, they will be fined at least PLN 3,000.

Greater safety at railway crossings

Going around lowered barriers or half-barriers, entering a railway crossing while they are being lowered or before they have finished rising, and entering a railway crossing when there is no room to continue driving on the other side are the most common causes of tragic crashes involving rail vehicles. For such offenses, drivers will face fines ranging from PLN 2,000 to as much as PLN 30,000.

For now, these are only proposals. It is not known whether all of them will come into force. We will return to the subject.

What do you think about the planned changes? Join the discussion.