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Penalty Points – Do They Really Expire After One Year?

Penalty points are one of the key instruments in Poland’s road traffic safety system. They serve both a preventive and punitive function – designed to discipline drivers and, in cases of repeated violations, to remove the most dangerous road users from traffic.

How Are Penalty Points Assigned?

Each traffic offense against road safety is assigned a specific number of penalty points according to the applicable tariff. The number of points depends on the severity of the violation. Examples include:

  • exceeding the speed limit by more than 50 km/h – up to 15 points,
  • failing to yield to a pedestrian – 15 points,
  • using a mobile phone while driving – 12 points.

Currently, a single offense may result in up to 15 penalty points. This means that two serious violations can lead to the loss of driving privileges.

The penalty point threshold in Poland ranges from 20 points (for drivers who have held a license for less than one year) to 24 points. Exceeding this limit results in the revocation of the driver’s license, which is recorded in the Central Vehicle and Driver Registry (CEPiK).

When Are Penalty Points Removed?

This question may seem straightforward, but in practice it often causes misunderstandings.

Since September 17, 2023, penalty points are removed from the registry one year after the payment of the fine. While it may appear that penalty points automatically expire one year after the offense, the actual timing depends on the settlement of the fine. Only once the payment is made does the one-year period begin to run. Until the fine is fully paid, the points cannot be removed from the registry, even if a year has passed since the offense.

This means that:

  • the term does not start from the date of the offense,
  • it does not start from the date the ticket is issued,
  • the critical factor is the date the fine, including any accrued interest, is fully paid.

Paying a Fine in Installments – a Pitfall for Drivers

The issue of paying a fine in installments is particularly significant. In theory, this option is intended to help citizens fulfill their obligations to the State Treasury. In practice, however, it may work to the driver’s disadvantage.

Why? Because the one-year period for removing points begins only on the date of the last installment payment. This means that drivers who pay the fine over several months remain in the penalty points system for a longer period. Additionally, if interest is charged due to delays, points will not be removed until all obligations are settled.

The Commissioner for Human Rights (Rzecznik Praw Obywatelskich) has highlighted that the current model leads to unequal treatment of drivers:

  • those with greater financial resources can pay the fine in a single installment and start the one-year period sooner,
  • those with fewer resources, using the right to pay in installments, are effectively “penalized” by remaining in the registry longer.

The Commissioner suggests considering legislative changes, such as starting the term from the date the ticket is issued, the end of the payment period, or the granting of relief. Such a model would be socially fairer and consistent with the principle of equality before the law.

Summary

Penalty points do not automatically disappear one year after the offense. They are removed from the registry only one year after full payment of the fine, including any interest accrued. Paying the fine in installments extends this period, as the one-year term begins only after the final installment is paid. Consequently, drivers who opt for installment payments remain in the penalty points system longer, which – as noted by the Commissioner for Human Rights – raises concerns regarding equality before the law.

Author

Michał Korszla

Advocate

Michał Korszla

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