Unofficial translation for learning purposes. Only the Polish text published in Dziennik Ustaw is legally binding — open the Polish original. Source: Act of 20 June 1997 – Prawo o ruchu drogowym (Road Traffic Act), consolidated text published by the Chancellery of the Sejm.
Art. 129.
1. Ensuring the safety and order of traffic on roads, directing traffic and supervising it are tasks of the Police.
2. In connection with performing the activities specified in para. 1, a police officer is entitled to:
1) check the identity of a road user and give them binding instructions as to the manner of using the road, the vehicle or a mobility aid;
1a) establish the identity of the driver on the basis of data from the Register of Identity Cards;
2) check the required documents referred to in Art. 38, and the authorisation referred to in Art. 106(1)(5) of the Act of 5 January 2011 on drivers of vehicles;
21) verify data on the vehicle, including data on the vehicle's documents, in the central register of vehicles;
22) verify data on the driver in the central register of drivers;
23) verify data on a driver whose driving licence or driver qualification card was issued by a European Union Member State other than the Republic of Poland, by the Swiss Confederation, by a Member State of the European Free Trade Association (EFTA) - party to the Agreement on the European Economic Area, or by the United Kingdom of Great Britain and Northern Ireland, by teletransmission using an electronic network, to the extent of the data currently available in that electronic network;
2a) (repealed)
2b) check the permit referred to in Art. 64(1)(1);
3) require the driver, or another person in respect of whom there is a reasonable suspicion that they may have been driving the vehicle, to undergo a test to determine the content of alcohol or of a substance acting similarly to alcohol in the body;
3a) require a passenger referred to in Art. 8a(1)(2) of the Act of 5 January 2011 on drivers of vehicles to undergo a test to determine the content of alcohol or of a substance acting similarly to alcohol in the body;
4) check the technical condition, equipment, load, dimensions, mass or axle load of a vehicle that is on the road;
4a) read, during the check, the odometer reading of the vehicle, of a towed vehicle and of a transported vehicle, together with the unit of measurement;
5) check tachograph records;
6) seize, in the cases provided for in the Act, the documents confirming the entitlement to drive the vehicle or to use it, and the driver card in the cases provided for in:
a) Art. 26(7) of Regulation (EU) No 165/2014 of the European Parliament and of the Council of 4 February 2014 on tachographs in road transport, repealing Council Regulation (EEC) No 3821/85 on recording equipment in road transport and amending Regulation (EC) No 561/2006 of the European Parliament and of the Council on the harmonisation of certain social legislation relating to road transport (Dz. Urz. UE L 60 of 28.02.2014, p. 1),
b) Art. 11(4)(c) of the Annex to the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR), done at Geneva on 1 July 1970 (Dz. U. of 2014, item 409);
7) give instructions to:
a) a person who has caused an obstruction hindering road traffic or endangering its safety, or a person responsible for maintaining the road,
b) the road user being checked - as to the manner of their conduct;
8) prevent:
a) a person who is in a state of intoxication or in a state after consuming alcohol or a substance acting similarly to alcohol from driving a vehicle or from moving with the use of a mobility aid,
b) the use of a vehicle whose technical condition, load, mass or axle load endangers traffic safety or order, causes damage to the road or infringes environmental protection requirements,
c) the use of a vehicle registered in a country that is not a Member State, if the person driving it has not produced a document confirming the conclusion of a compulsory third-party liability insurance contract of the vehicle holder or proof of payment of the premium for that insurance,
d) the driving of a vehicle by a person who does not hold the required documents entitling them to drive the vehicle or to use it;
9) use inspection and measuring instruments, in particular to examine the vehicle, determine its mass, axle load or speed, establish an infringement of environmental protection requirements and establish the driver's sobriety;
9a) use recording devices;
10) remove or move a vehicle in the cases referred to in Art. 130a(1-3);
11) check the carriage of dangerous goods by road and the requirements relating to such carriage;
11a) check the transport of waste within the meaning of the Act of 14 December 2012 on waste and the requirements relating to such transport;
11b) break seals in order to physically inspect the waste being carried;
12) use loudspeaker, signalling or light devices serving to give binding instructions to a road user;
13) apply, in a justified case, for an assessment of the state of health of the driver or of a passenger referred to in Art. 8a(1)(2) of the Act of 5 January 2011 on drivers of vehicles;
13a) apply to the district governor (starosta) for a driver, or a person holding a tram driving permit, to be referred to an examination verifying their qualifications, if there are justified and serious doubts as to that person's qualifications;
14) escort vehicles, excluding oversize vehicles escorted in accordance with Art. 64(1)(3).
3. Para. 2 points 3, 4 and 6 do not apply to the heads and foreign staff of diplomatic missions, consular posts and special missions of foreign states and of international organisations enjoying diplomatic or consular privileges and immunities under statutes, agreements or generally recognised international customs or on the basis of reciprocity, nor to other persons enjoying those privileges and immunities.
4. Traffic control in respect of drivers of vehicles of the Armed Forces of the Republic of Poland and in respect of soldiers in active military service driving other vehicles, the escorting of vehicles, and the directing of road traffic in connection with the escorting of military vehicles are tasks of the Military Police (Żandarmeria Wojskowa) and of the military order-keeping bodies. To that extent, the Military Police and the military order-keeping bodies have the powers of police officers specified in para. 2.
4a. Traffic control may also be carried out by officers of the Border Guard or officers of the Customs and Fiscal Service, who have the powers referred to in para. 2 points 1-5 and 7-12 and in Art. 130a(4)(1). Officers of the Border Guard and officers of the Customs and Fiscal Service also have the power referred to in para. 2 point 6, to the extent concerning documents confirming the entitlement to use a vehicle. 4aa. Traffic control may also be carried out by inspectors of the Environmental Protection Inspectorate, who have the powers referred to in para. 2 point 1, points 2-23, point 7(b), point 8(b) and point 11a.
4b. In addition, officers refuse a vehicle the right to enter the territory of the Republic of Poland if:
1) the vehicle is driven by a person in a state of intoxication or in a state after consuming alcohol or a substance acting similarly to alcohol, where there is no possibility of securing the vehicle in another way;
2) the vehicle is driven by a person not carrying the required documents entitling them to drive the vehicle or to use it, a document confirming the conclusion of a compulsory third-party liability insurance contract of the vehicle holder or confirming payment of the premium for that insurance;
3) the technical condition of the vehicle endangers road traffic safety, results in the vehicle damaging the road or infringes environmental protection requirements;
4) the driver of an oversize vehicle does not hold the required permit;
5) an infringement of the rules on the transboundary shipment of waste has been established.
Art. 129a.
1. Traffic control in respect of a driver:
1) who carries out road transport within the meaning of the Act of 6 September 2001 on road transport,
2) as regards testing to determine the content of alcohol or the presence of a substance acting similarly to alcohol in the body,
3) who has infringed the traffic rules, where that infringement has been recorded using:
a) inspection and measuring instruments,
b) recording devices that are portable or installed in a vehicle or in an aircraft,
4) who has grossly infringed the traffic rules or has created a hazard to its safety,
5) who carries out road transport within the meaning of the Act of 19 August 2011 on the transport of dangerous goods,
6) who carries out the transport of waste within the meaning of the Act of 14 December 2012 on waste - is also a task of the Road Transport Inspectorate.
2. When carrying out traffic control to the extent referred to in para. 1, inspectors of the Road Transport Inspectorate have the powers specified in Art. 129(1) and (2), including in relation to the owner or holder of the vehicle.
Art. 129b.
1. In municipalities or towns that have established a municipal guard, traffic control may be carried out by municipal guards.
2. Municipal guards are entitled to carry out traffic control in respect of:
1) a driver who fails to comply with the prohibition of traffic in both directions indicated by the relevant road sign;
2) a road user infringing the rules on:
a) the stopping or parking of vehicles,
b) the movement of mopeds, bicycles, cycle carriages, e-scooters, personal mobility devices and animal-drawn vehicles and on riding on horseback or driving animals,
c) the movement of pedestrians and of persons moving with the use of mobility aids,
d) the traffic restriction in a clean transport zone laid down in a resolution of the municipal council issued on the basis of Art. 40(1) of the Act of 11 January 2018 on electromobility and alternative fuels (Dz. U. of 2023, items 875, 1394, 1506 and 1681, and of 2024, item 834),
e) axle load.
3. When carrying out traffic control to the extent referred to in para. 2, municipal guards are authorised to:
1) stop a vehicle, a person moving with the use of a mobility aid or a person riding on horseback;
2) check the documents referred to in Art. 38, and verify data on:
a) the vehicle, including data on the vehicle's documents, in the central register of vehicles,
b) the driver, in the central register of drivers;
3) (repealed)
4) check the identity of a road user and give them binding instructions as to the manner of using the road, the vehicle or a mobility aid;
5) give instructions to:
a) a person who has caused an obstruction hindering road traffic or endangering its safety,
b) the road user being checked - as to the manner of their conduct;
6) check compliance with the obligations specified in Art. 78(2);
7) demand that the owner or holder of the vehicle indicate to whom they entrusted the vehicle for driving or use at a specified time;
8) establish the identity of the driver on the basis of data from the Register of Identity Cards;
9) check the axle load of a vehicle that is on the road;
10) use inspection or measuring instruments serving to determine the axle load of a vehicle;
11) prevent the driving of a vehicle exceeding the permissible axle load.
3a. In order to check the axle load of a vehicle, municipal guards holding a driving licence of the appropriate category may drive that vehicle.
Art. 129c.
1. Traffic control in forests or national parks may be carried out by forest guards or officers of the Park Guard.
2. Forest guards and officers of the Park Guard are entitled to check drivers who fail to comply with the rules or road signs in force in forests or national parks concerning the prohibition of entry, stopping or parking of vehicles.
3. When carrying out traffic control to the extent referred to in para. 2, forest guards and officers of the Park Guard are authorised to:
1) stop a vehicle;
2) check the identity of a road user;
2a) verify data on the vehicle, including data on the vehicle's documents, in the central register of vehicles;
3) give instructions as to the manner of conduct on the road.
Art. 129d.
1. Persons acting on behalf of the road authority may carry out, in the presence of a police officer or an inspector of the Road Transport Inspectorate, traffic control in respect of vehicles:
1) as regards compliance with the rules on dimensions, mass or axle load;
2) causing damage to or destruction of the road;
3) polluting or littering the road.
1a. Persons acting on behalf of the road authority may also carry out, in the presence of a municipal guard, traffic control in respect of vehicles as regards compliance with the rules on axle load.
2. When carrying out traffic control to the extent referred to in paras 1 and 1a, persons acting on behalf of the road authority are authorised to:
1) stop a vehicle;
2) check the identity of a road user and give them instructions as to the manner of using the road or the vehicle;
3) check the documents required in connection with the use of the vehicle;
4) check the technical condition, equipment, load, dimensions and mass or axle load of a vehicle that is on the road;
5) use inspection or measuring instruments serving in particular to examine the vehicle, determine its dimensions, mass or axle load and to establish an infringement of environmental protection requirements;
6) prevent the driving of a vehicle exceeding the permissible mass or axle load or damaging or destroying the road.
3. In order to check the mass or axle load of a vehicle, persons acting on behalf of the road authority who hold a driving licence of the appropriate category may drive that vehicle.
4. Paras 1-3 do not apply to persons acting on behalf of the General Director for National Roads and Motorways.
Art. 129e.
1. Traffic control carried out by municipal guards, forest guards, officers of the Park Guard and employees of road administrations is performed on the basis of an authorisation to carry out traffic control issued by the competent district (municipal) commander of the Police.
2. Art. 129(3) applies accordingly to traffic control carried out by the persons referred to in para. 1.
Art. 129f.
Municipal guards, forest guards and officers of the Park Guard are obliged, in connection with performing activities within the scope of traffic control, to prevent, until the Police arrive, a person from driving a vehicle where there is a reasonable suspicion that that person is in a state of intoxication or in a state after consuming alcohol or a substance acting similarly to alcohol.
Art. 129fa.
1. A vehicle selected by the inspecting officer for a check of its technical condition as part of traffic control is subject to an initial technical roadside inspection, which is carried out in accordance with the regulations issued on the basis of Art. 131(1).
2. The Chief Inspector of Road Transport, in agreement with the Chief Commander of the Police, shall plan and organise initial technical roadside inspections of vehicles of categories M2, M3, N2 and N3 and of trailers of categories O3 and O4 in such a way that the total number of those inspections covers, in each calendar year, at least 5 % of the total number of such vehicles registered in the territory of the Republic of Poland.
Art. 129fb.
1. In the case of a vehicle of category M2, M3, N2 and N3, a trailer of category O3 and O4 and a wheeled tractor of category T1b, T2b, T3b, T4.1b, T4.2b, T4.3b and T5 used on a public road for the carriage of goods for hire or reward, the inspecting officer may, on the basis of the results of the initial technical roadside inspection, refer that vehicle for a detailed technical roadside inspection. When referring a vehicle for a detailed technical roadside inspection, account is taken in particular of the need to establish whether that vehicle endangers road traffic safety or infringes environmental protection requirements.
2. The scope of the detailed technical roadside inspection to be carried out is specified in the technical roadside inspection report.
3. A detailed technical roadside inspection is carried out in accordance with the regulations issued on the basis of Art. 131(1) at:
1) a mobile roadside inspection unit,
2) a designated roadside inspection point covering an area of adequate size in which it is possible to inspect the main vehicle systems responsible for safety - using the inspection and measuring instruments necessary to carry out such an inspection, in particular the instruments necessary to assess the condition of the brakes and their effectiveness, the steering system, the suspension and the nuisance caused by the vehicle.
4. Where a vehicle referred to in para. 1 is referred for a detailed technical roadside inspection at a designated roadside inspection point, that inspection is carried out as soon as possible and at the nearest designated roadside inspection point.
5. The results of the detailed technical roadside inspection are entered in the technical roadside inspection report.
6. The minister responsible for transport shall specify, by way of a regulation, the minimum equipment requirements for a mobile roadside inspection unit and for a designated roadside inspection point and for the inspection and measuring instruments used in them, taking into account the scope of the detailed technical roadside inspection and the need to ensure a correct assessment of the technical condition of the vehicles subject to that inspection.
Art. 129fc.
1. A detailed technical roadside inspection is carried out by an inspecting officer who has:
1) the qualifications referred to in Art. 84(2), or
2) the education and practice referred to in Art. 84(2b), and has completed training for inspecting officers in carrying out detailed technical roadside inspections - and who, at least once every 2 consecutive years, takes part in workshops for inspecting officers carrying out detailed technical roadside inspections.
2. The provincial inspector of road transport, the provincial commander of the Police, the Metropolitan Commander of the Police, the Rector-Commandant of the Police Academy in Szczytno, the commandant of a police school, the commander of a Border Guard unit, the Rector-Commandant of the Border Guard Academy and the director of the National School of Treasury, each within their own competence:
1) may organise training for inspecting officers in carrying out detailed technical roadside inspections and workshops for inspecting officers carrying out detailed technical roadside inspections, in accordance with the programme specified in the regulations issued on the basis of para. 3;
2) shall issue certificates of completion of training for inspecting officers in carrying out detailed technical roadside inspections and certificates of completion of workshops for inspecting officers carrying out detailed technical roadside inspections, provided that the person took part in all the classes provided for in the programme.
3. The minister responsible for transport, in agreement with the minister responsible for internal affairs and the minister responsible for public finance, shall specify, by way of a regulation:
1) the programme of training for inspecting officers in carrying out detailed technical roadside inspections,
2) the programme of workshops for inspecting officers carrying out detailed technical roadside inspections,
3) the template of the certificate of completion of training for inspecting officers in carrying out detailed technical roadside inspections,
4) the template of the certificate of completion of workshops for inspecting officers carrying out detailed technical roadside inspections - taking into account the need to ensure that this training and these workshops are equivalent to the training and workshops for vehicle inspectors, the need to attain an appropriate level of knowledge and skills necessary to carry out detailed technical roadside inspections and the need to standardise the certificates issued.
Art. 129g.
1. The detection, by means of stationary recording devices installed within the road lane of public roads, of the following infringements of the traffic rules:
a) exceeding the speed limit,
b) failure to comply with light signals - is a task of the Road Transport Inspectorate.
2. When performing the tasks referred to in para. 1, the Road Transport Inspectorate:
1) records images of infringements of the traffic rules and processes, for the purposes specified in this Act, the image of the vehicle with which the traffic rules were infringed and the likeness of the driver, if it has been recorded, and data comprising:
a) the registration number of the vehicle with which the rules were infringed,
b) the date, time and identification of the place where the infringement was committed,
c) the type of infringement,
d) the data of the owner or holder of the vehicle or of the driver,
e) the identification number of the recording device;
2) in proceedings concerning the petty offences referred to in para. 1, conducts explanatory activities, submits applications for punishment to the court, prosecutes before the court and lodges appeals - in the manner and to the extent specified in the Act of 24 August 2001 - Code of Procedure in Petty Offence Cases (Dz. U. of 2022, item 1124, and of 2023, item 1963);
3) applies to the administrators of public roads, excluding roads administered by the General Director for National Roads and Motorways, for the installation or removal of a recording device or of a housing for such a device, with the proviso that in matters concerning devices recording infringements of the traffic rules on the speed limit the application requires the prior opinion of the competent provincial commander of the Police;
4) purchases and repairs recording devices and housings for those devices and performs the activities arising from their ongoing operation and servicing, including activities covering the import of data recorded by those devices and the fitting of devices in installed housings in the case of devices installed by the Road Transport Inspectorate or by a road administrator acting on an application referred to in point 3, and also in the case of housings of recording devices belonging to the Police.
3. The tasks of the Road Transport Inspectorate referred to in para. 1 are performed by the Chief Inspector of Road Transport with the assistance of the Chief Inspectorate of Road Transport and its regional branches.
5. The minister responsible for transport, in agreement with the minister responsible for internal affairs and the Minister of Justice, taking into account the scope of the necessary data and the need to ensure uniformity of documents, shall specify, by way of a regulation, the templates of documents used by the Chief Inspector of Road Transport in the proceedings referred to in para. 2 point 2.
Art. 129h.
1. To the extent referred to in Art. 129g(1), the following in particular are recorded:
1) the image of the infringement, including the image of the vehicle with which the driver infringed the traffic rules, together with the vehicle's registration number;
2) the date and time when the infringement was committed;
3) the identification number of the recording device; - and where the driver exceeded the speed limit, the following are also recorded:
4) the speed at which the vehicle was travelling;
5) the speed limit at the place and time when the infringement was committed.
2. In cases particularly justified by road traffic safety, the Road Transport Inspectorate may detect infringements of the traffic rules to the extent referred to in Art. 129g(1)(a) also by means of recording devices which detect infringements of the traffic rules over a specified section of road. In such a case those devices record in particular:
1) the image of the vehicle with which the driver infringed the traffic rules, together with the vehicle's registration number;
2) the date, time and identification of the section of road on which the infringement was committed;
3) the average speed at which the vehicle travelled on the section of road on which the infringement was committed;
4) the speed limit on the section of road on which the infringement was committed, at the time when it was committed;
5) the identification number of the recording device.
3. The Chief Inspector of Road Transport establishes the owner or holder of the vehicle with which the traffic rules were infringed, as entered in the registration certificate, on the basis of data and information:
1) specified in paras 1 and 2;
2) from the central register of vehicles and the central register of drivers made available by means of an ICT system;
3) obtained in connection with the proceedings conducted, in particular from Polish and foreign vehicle registration authorities.
4. Art. 26 of the Act of 14 December 2018 on the protection of personal data processed in connection with the prevention and combating of crime (Dz. U. of 2023, item 1206) applies to the processing of personal data by the Chief Inspector of Road Transport to the extent referred to in para. 3.
5. The minister responsible for transport, having regard to the causes and locations of road accidents, the prevention of such accidents and encouraging drivers to comply with the traffic rules, shall specify, by way of a regulation:
1) the conditions for locating stationary recording devices and housings for those devices within the road lane of public roads, taking into account the principle that a housing is installed and used together with a recording device;
2) the manner of marking stationary recording devices and housings for those devices, taking into account their preventive effect through ensuring adequate visibility;
3) the manner in which measurements are made by recording devices, taking into account speed thresholds adjusted to the speed limit in force on the road, and the processing by those devices of the recorded data, and also taking into account a possible driver error of up to 10 km/h inclusive in maintaining the speed limit.
4) (repealed)
Art. 129i.
1. A test to determine the content of alcohol in the body is carried out using electronic devices which measure the concentration of alcohol in exhaled air.
2. Para. 1 does not apply if the condition of the person to be tested makes it impossible to carry out the test with an electronic device or that person refuses to undergo such a test. In such a case the content of alcohol in the body is determined on the basis of a blood test.
3. A test to determine the content of alcohol in the body may also be carried out where the person to be tested does not consent, of which that person must be warned.
4. The conditions and manner of carrying out the tests referred to in paras 1 and 2 are laid down in the regulations issued on the basis of Art. 47(2) of the Act of 26 October 1982 on upbringing in sobriety and counteracting alcoholism (Dz. U. of 2023, item 2151).
Art. 129j.
1. A test to determine the presence in the body of a substance acting similarly to alcohol is carried out using methods that do not require a laboratory test.
2. Para. 1 does not apply if the condition of the person to be tested makes it impossible to carry out the test by a method not requiring a laboratory test, or that person refuses to undergo such a test. In such a case the presence in the body of a substance acting similarly to alcohol is determined on the basis of a blood or urine test.
3. A blood or urine test is permitted as a follow-up to a test carried out by the method referred to in para. 1, or where it is not possible to use that method.
4. A test to determine the presence in the body of a substance acting similarly to alcohol may also be carried out where the person to be tested does not consent, of which that person must be warned.
5. The minister responsible for health, taking into account the effects on a driver's body of substances acting similarly to alcohol, shall specify, by way of a regulation:
1) the list of those substances;
2) the conditions and manner of carrying out tests for their presence in the body.
Art. 129ja.
In the course of traffic control, the authorised enforcement authority may subject the following to a test to determine the content of alcohol or the presence of a substance acting similarly to alcohol in the body:
1) the driver or another person in respect of whom there is a reasonable suspicion that they may have been driving the vehicle;
2) a passenger referred to in Art. 8a(1)(2) of the Act of 5 January 2011 on drivers of vehicles.
Art. 129k.
1. Where a driver has been involved in a road accident in which a person is killed or injured, that driver is subjected to a test to determine the content of alcohol or the presence of a substance acting similarly to alcohol in the body.
2. Another person may also be subjected to the test referred to in para. 1 if there is a reasonable suspicion that they may have been driving a vehicle involved in a road accident in which a person is killed or injured.
3. The persons referred to in paras 1 and 2 have the right to demand that the traffic enforcement authority carry out a blood or urine test to determine the content of alcohol or the presence of a substance acting similarly to alcohol in the body.
Art. 129l.
1. In the course of traffic control, the authorised enforcement authority may read the odometer reading of the vehicle, of a towed vehicle and of a transported vehicle, together with the unit of measurement.
2. The driver is obliged to enable the authorised enforcement authority to perform the activities referred to in para. 1 in respect of the vehicle driven, towed or transported.
Art. 130a.
1. A vehicle is removed from the road at the owner's expense in the case of:
1) leaving the vehicle in a place where this is prohibited and it hinders traffic or endangers safety in another way;
2) failure by the driver to produce a document confirming the conclusion of a compulsory third-party liability insurance contract of the vehicle holder or proof of payment of the premium for that insurance, if that vehicle is registered in a country referred to in Art. 129(2)(8)(c);
3) exceeding the dimensions, maximum permissible laden mass or axle load specified in the traffic rules, unless it is possible to direct the vehicle onto a nearby road on which the movement of such a vehicle is permitted;
4) leaving a vehicle not marked with a parking card in a place intended for a vehicle driven by the persons listed in Art. 8(1) and (2);
5) leaving the vehicle in a place where a sign applies indicating that a parked vehicle will be removed at the owner's expense;
6) its being driven by a person who does not hold an entitlement to drive vehicles or whose driving licence has been seized, where it is not possible to secure the vehicle by handing it over to a person present in it who holds an entitlement to drive that vehicle; this provision does not apply if the driver holds a receipt referred to in Art. 135(4) or (5) or in Art. 135a(5) or (6) authorising them to drive the vehicle;
7) travelling on a road other than one designated in accordance with Art. 65a(3)(3)(j), if it is admitted to traffic on the basis of Art. 65p.
1a. A vehicle is removed from the road at the expense of the person carrying out the road journey in the case referred to in Art. 140ad(7).
2. A vehicle may be removed from the road at the owner's expense if there is no possibility of securing it in another way, where:
1) it was driven by a person:
a) in a state of intoxication or in a state after consuming alcohol or a substance acting similarly to alcohol,
b) not carrying the required documents entitling them to drive the vehicle or to use it;
2) its technical condition endangers road traffic safety, causes damage to the road or infringes environmental protection requirements.
2a. Removal of the vehicle is abandoned if, before the order to remove the vehicle is issued or while the vehicle is being removed, the reasons for its removal cease to exist. If issuing the order to remove the vehicle in the cases referred to in paras 1-2 gave rise to costs, the owner of the vehicle is obliged to cover them. Para. 10i applies accordingly.
3. A vehicle may be moved or removed from the road if it hinders a rescue operation.
4. The order to move or remove a vehicle from the road is issued by:
1) a police officer - in the situations referred to in paras 1-3;
2) a municipal guard - in the situations referred to in para. 1 points 1, 4 and 5;
3) the person commanding the rescue operation - in the situation referred to in para. 3.
5c. A vehicle removed from the road in the cases specified in paras 1-2 and in Art. 140ad(7) is placed in a guarded car park designated by the district governor (starosta) until the fee for its removal and parking has been paid, having regard to para. 7.
5f. The removal of vehicles and the operation of a guarded car park for vehicles removed in the cases referred to in paras 1-2 are own tasks of the district (powiat). The district governor (starosta) performs these tasks with the assistance of district organisational units or entrusts their performance in accordance with the Act of 11 September 2019 - Public Procurement Law.
6. The district council (rada powiatu), taking into account the need for efficient performance of the tasks referred to in paras 1-2, and the costs of removing and storing vehicles in the area of the given district, shall determine annually, by way of a resolution, the amount of the fees referred to in para. 5c and the amount of the costs referred to in para. 2a. The amount of the costs referred to in para. 2a may not be higher than the maximum amount of the fees for removing a vehicle referred to in para. 6a.
6a. The maximum amounts of the fees referred to in para. 5c are set as follows:
a) bicycle or moped - for removal - 100 zł; for each day of storage - 15 zł
b) motorcycle - for removal - 200 zł; for each day of storage - 22 zł,
c) vehicle with a maximum permissible laden mass of up to 3.5 t - for removal - 440 zł; for each day of storage - 33 zł,
d) vehicle with a maximum permissible laden mass over 3.5 t up to 7.5 t - for removal - 550 zł; for each day of storage - 45 zł,
e) vehicle with a maximum permissible laden mass over 7.5 t up to 16 t - for removal - 780 zł; for each day of storage - 65 zł,
f) vehicle with a maximum permissible laden mass over 16 t - for removal - 1150 zł; for each day of storage - 120 zł,
g) vehicle carrying dangerous goods - for removal - 1400 zł; for each day of storage - 180 zł,
h) e-scooter or personal mobility device - for removal - 123 zł; for each day of storage - 23 zł.
6b. The maximum fee rates specified in para. 6a applicable in a given calendar year are changed annually for the following calendar year by an amount corresponding to the index of prices of consumer goods and services in the first half of the year in which the rates are changed, in relation to the corresponding period of the previous year.
6c. For each calendar year the minister responsible for public finance shall announce, by way of a notice, in the Official Journal of the Republic of Poland "Monitor Polski", the maximum fee rates referred to in para. 6a, taking into account the principle specified in para. 6b, rounding them up to whole zlotys.
6d. The price index referred to in para. 6b is determined on the basis of a communication of the President of the Central Statistical Office published in the Official Journal of the Republic of Poland "Monitor Polski", within 20 days of the date of its publication.
6e. The fees referred to in para. 6 constitute the district's own revenue.
7. The vehicle is released upon production of:
1) (no longer in force)
2) in the case referred to in Art. 140ad(7) - proof of payment of the fee referred to in para. 5c and proof of payment of the deposit, and after the reason for placing the vehicle in the car park has been removed.
8. A vehicle may be immobilised by the use of a wheel-clamping device where it has been left in a place where this is prohibited but does not hinder traffic or endanger safety.
9. The vehicle is immobilised by the Police or the municipal guard.
10. In relation to a vehicle removed from the road in the cases specified in paras 1 or 2, the district governor (starosta) applies to the court for a ruling forfeiting it to the district if the duly notified owner or authorised person has not collected the vehicle within 3 months of the date of its removal. The notification contains an instruction on the consequences of failing to collect the vehicle.
10a. The district governor (starosta) submits the application referred to in para. 10 not earlier than after 30 days have elapsed from the date of the notification.
10b. If a vehicle removed in the cases specified in paras 1 or 2 is not registered in any European Union Member State, it is handed over to the locally competent head of the customs and fiscal office in order to regularise its situation in accordance with customs law.
10c. Para. 10 does not apply where the circumstances indicate that the failure to collect the vehicle occurred for reasons beyond the control of the owner or of the authorised person.
10d. Para. 10 applies accordingly where, within 4 months of the date of removal of the vehicle, its owner or the person authorised to collect it has not been established, even though due diligence was exercised in searching for them.
10e. In cases concerning the forfeiture of a vehicle, the court determines whether all the conditions necessary for ruling forfeiture have been met, in particular whether the removal of the vehicle was justified, whether due diligence was exercised in searching for the person authorised to collect it, and whether a ruling of forfeiture would not be contrary to the principles of community life.
10f. The district governor (starosta) is obliged to enforce the court's ruling on forfeiture of the vehicle. The ruling is enforced in the manner and on the terms specified in the Act of 17 June 1966 on enforcement proceedings in administration, taking into account the provisions of this Act.
10g. Where the vehicle is not collected from the car park within the time limit specified in para. 10, the entity operating the guarded car park notifies the locally competent district governor (starosta) and the body that issued the order to remove the vehicle of that fact not later than on the third day after the expiry of that time limit.
10h. The costs related to the removal, storage, valuation, sale or destruction of the vehicle, arising from the moment the order to remove it is issued until the proceedings are concluded, are borne by the person who is the owner of that vehicle on the day the order to remove the vehicle is issued, subject to paras 10d and 10i. The decision on payment of those costs is issued by the district governor (starosta).
10i. If, at the time of removal, the vehicle was in the possession of a person holding it on a legal title other than ownership, that person is jointly and severally obliged to cover the costs referred to in para. 10h.
10j. The time limit for payment of the amounts determined in the decision referred to in para. 10h is 30 days from the day on which that decision became final. Statutory interest for late payment is charged from the day following the expiry of the payment deadline. Those amounts, together with the interest, are subject to enforcement in the manner and on the terms specified in the Act of 17 June 1966 on enforcement proceedings in administration.
10k. The decision referred to in para. 10h is not issued if 5 years have elapsed since the court's ruling on forfeiture of the vehicle became final.
10l. The enforcement referred to in para. 10j is not initiated, and enforcement already initiated is discontinued, if 5 years have elapsed from the date of service of the final decision referred to in para. 10h.
10m. If, in the case referred to in Art. 140ad(7), the vehicle is not collected from the car park within 30 days of the date on which the financial penalty was imposed, the provisions of Division II Chapter 6 of the Act of 17 June 1966 on enforcement proceedings in administration concerning the enforcement of monetary claims against movable property apply accordingly.
11. The minister responsible for internal affairs, guided by the principle of guaranteeing protection of the right of ownership and by the need to ensure order on public roads and road traffic safety, shall specify, by way of a regulation:
1) the procedure and conditions for cooperation with the Police and other bodies entitled to decide on the removal of a vehicle by the entities removing vehicles or operating guarded car parks;
2) the procedure and conditions for releasing a vehicle from the car park.
3) (no longer in force)
Art. 130b.
1. The Police are obliged to draw up a report on every road accident in which a person is killed and which takes place on a road referred to in Art. 24ga(1)(1) and (2) of the Act of 21 March 1985 on public roads.
2. The report referred to in para. 1 contains:
1) as precise an identification of the accident site as possible, including its geographical coordinates obtained through the Global Navigation Satellite System (GNSS);
2) photographs or a diagram of the accident site;
3) the date and time of the accident;
4) a detailed description of the place and circumstances of the accident: the type of terrain, the type of road, the type of intersection, including information on the signals, the number of traffic lanes, the road markings, the lighting, the weather conditions, the speed limit and obstacles on the road shoulder;
5) information on the consequences of the accident, in particular the number of persons killed and injured;
6) the characteristics of those involved in the accident: age, sex, citizenship, level of alcohol or of an intoxicating substance in the body, use or non-use of protective equipment;
7) data concerning the vehicles involved in the accident: type, age, protective equipment and the date of the last periodic technical inspection;
8) information concerning the type and course of the accident, taking into account the manoeuvres of the vehicle and of the driver;
9) where possible, information concerning the time of arrival of the rescue services and of receipt of the report.
3. The Police send the reports referred to in para. 1 to the Secretariat of the National Council referred to in Art. 140f, by 31 March each year, for the previous year.
Art. 131.
1. The minister responsible for internal affairs, in agreement with the minister responsible for transport, taking into account the need to ensure safety and order during traffic control and its efficient conduct, as well as the need to properly protect the manner of performing tasks relating to State security and to standardise the documents drawn up, shall specify, by way of a regulation:
1) the organisation, detailed conditions and manner of carrying out traffic control;
2) the required conduct of the road user being checked;
3) the detailed conditions for carrying out traffic control by the persons referred to in Art. 129e;
3a) the specific conditions for carrying out traffic control of the vehicles referred to in Art. 73(3), excluding vehicles of the Armed Forces of the Republic of Poland;
4) the detailed conditions for granting authorisations to carry out traffic control;
5) the templates of documents used when carrying out traffic control.
2. The Minister of National Defence, taking into account the need to ensure safety and order during roadside checks and the efficient performance of activities in this respect, in agreement with the ministers responsible for transport and for internal affairs, shall specify, by way of a regulation:
1) the organisation, conditions and manner of performing the activities referred to in Art. 129(4);
2) the conditions and procedure for cooperation between the Military Police and the Police in the matters referred to in Art. 130(1).