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Has your driver’s license expired? You could lose millions

As of January 19, 2013, a time-limited driving license was introduced in Poland. This means that the driving document has been limited in time, thereby introducing the need for periodic renewal. In typical situations, concerning people who do not have medical contraindications that shorten the expiration date, a category B driver’s license is issued for a period of 15 years.

What about those with unlimited driver’s licenses?

According to the wording of the Law of January 5, 2011 on drivers, unlimited driver’s licenses, in practice, turn out to be timely. Documents issued until January 18, 2013 are subject to mandatory replacement on 19.01.2028. – 18.01.2033, as the regulations indicate, after this period all unlimited driver’s licenses will expire. The loss of validity of the document is tantamount to not having the proper authorization to drive a motor vehicle, which entails serious legal and financial consequences. It is worth remembering that such a person, according to Article 94 of the Code of Offenses, is treated as a person without a driver’s license.

Driving without a valid document

As a consequence of failing to renew an expired driver’s license, during a roadside inspection, we do not appear in the Central Driver’s Register. It is the duty of police officers to physically take away the document and prevent the driver from continuing to drive, by having the driver designate a person to take custody of the vehicle. According to Article 94 § 1 of the Code of Offenses, a penalty of restriction of liberty or a fine from PLN 1,500 to as much as PLN 30,000 is issued against a person driving a motor vehicle without authorization. A further part of the article stipulates that a mandatory sanction in the form of a driving ban is imposed against a person committing an offense under § 1.

Mandatory sanction in the form of a driving ban

From the definition of a mandatory sanction, it follows that it is a legally prescribed consequence that must be applied if a violation of the law is found. Accordingly, police officers refer the case to the court, and the court issues a driving ban for a period of 6 months to 3 years. If the period of the ban issued by the court is longer than 12 months, the person seeking to regain the document will have to pass a test to verify his skills.

Liability for causing damage vs. liability/autocasco insurance (AC)

When damage is caused, there is not only the question of the consequences already discussed, but also the question of covering the repair costs associated with the damage. According to Article 43 of the Act of May 22, 2003 on compulsory insurance, the Insurance Guarantee Fund and the Polish Motor Insurers’ Bureau, the insurer has the right of recourse, i.e. to claim reimbursement of funds paid under third-party liability insurance from persons driving vehicles without the required authorization. This means that we will be obliged to return to the insurer the funds that the insurer paid to the injured party to repair the damage he suffered. After reading the general terms and conditions of insurance of one of the leading insurers in Poland, we learn that if the damage is caused by a person driving a vehicle without the proper authorizations, AC insurance is also subject to exclusion.

Summary

The negative legal and financial consequences, in the form of a restriction of liberty or a fine, behind driving without a valid license do not close the catalog of negative consequences. Let’s remember that it only takes one Porsche or Ferrari in the parking lot, and our wallets can be drastically depleted, so let’s pay attention to the expiration date of our driver’s license.

 

Authors:

Zuzanna Bierut, legal assistant

Jaroslaw Rudy, attorney at law

Author

Jarosław Rudy

Managing Partner, Attorney at Law, Certified ATS Adviser

Jarosław Rudy