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. 135.
1) shall retain a driving licence issued in Poland, against a receipt, in the case of:
a) a reasonable suspicion that the driver of the vehicle is in a state of intoxication or in a state after consuming alcohol or a substance acting similarly to alcohol,
b) the driving licence having expired,
c) the driver of the vehicle exceeding 24 penalty points for infringements of road traffic rules within 5 years from the day on which the information about the obligation to complete the re-education course referred to in Art. 98a(3) of the Act of 5 January 2011 on persons driving vehicles was sent, in accordance with Art. 98a(5) or (7) of that Act,
d) the driver of the vehicle exceeding, within 1 year from the day on which the driving licence was first issued, 20 penalty points for infringements of road traffic rules, or a finding, on the basis of final decisions, that during the probationary period referred to in Art. 91(1) or Art. 92(1) of the Act of 5 January 2011 on persons driving vehicles he committed: - an offence against safety in traffic or - three petty offences specified in: - - Art. 86 § 1, 1a or 2, Art. 86b § 1, Art. 87 § 1, Art. 92a § 2, Art. 92b, Art. 97a or Art. 98 of the Act of 20 May 1971 - Code of Petty Offences (Dz. U. of 2025, item 734), - - Art. 90, Art. 92 § 1 or 2 or Art. 97 of the Act of 20 May 1971 - Code of Petty Offences, in connection with failure to comply, respectively, with Art. 25(1)-(3) or with road signs regulating the right of way, light signals prohibiting entry beyond the traffic light, or the instructions and signals given by persons directing traffic or authorised to control it,
e) a finding that the document referred to in Art. 38(1) point 3a or 4a is absent, or of driving a vehicle not fitted with an alcohol interlock in the case referred to in Art. 13(5) point 7 of the Act of 5 January 2011 on persons driving vehicles,
f) committing, during the probationary period referred to in Art. 91 of the Act of 5 January 2011 on persons driving vehicles, three petty offences against safety in traffic or one offence against safety in traffic;
2) shall retain a driving licence issued in Poland, against a receipt, where an act is detected consisting in:
a) driving a vehicle at a speed exceeding the speed limit by more than 50 km/h in a built-up area or on a two-way single-carriageway road outside a built-up area, or
b) carrying persons in a number exceeding the number of seats specified in the registration certificate (temporary permit) or resulting from the design purpose of a vehicle not subject to registration; this provision does not apply to the carriage of persons by bus in public collective transport in municipal, district and provincial passenger services within the meaning of the Act of 16 December 2010 on public collective transport (Dz. U. of 2023, item 2778), provided that standing places are provided in the vehicle,
c) driving a vehicle in the manner specified in Art. 60(5);
2a) shall retain a driving licence issued in Poland, against a receipt, where it is detected during a roadside check that a driver performing road transport to which the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) 2135/98 and also repealing Council Regulation (EEC) No 3820/85 (Dz. Urz. UE L 102 of 11.04.2006, p. 1, as amended) or of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR), done at Geneva on 1 July 1970, performed that transport, during the current daily driving period, with a vehicle fitted with a tachograph:
a) failing, contrary to his obligation, to record by means of the tachograph on a record sheet or a driver card the indications of the vehicle's speed, the driver's activity or the distance travelled,
b) using another person's driver card, using at least two of his own driver cards, using another person's record sheet, using several record sheets at the same time,
c) using a prohibited device, object or modified software enabling or causing the forgery or alteration of the data recorded by the tachograph,
d) where the tachograph has been disconnected;
3) may retain a driving licence issued in Poland, against a receipt, where there is a reasonable suspicion that the driver has committed an offence or a petty offence for which a ban on driving vehicles may be imposed.
2. The provision of para. 1 point 2 letter b does not apply if the number of persons carried in the manner referred to in that provision does not exceed:
1) 5 - where they are carried by bus;
2) 2 - where they are carried in a passenger car, a lorry or in a trailer towed by an agricultural tractor or a slow-moving vehicle.
3. The provision of para. 1 point 2 does not apply if the driver of the vehicle committed the infringement referred to in that provision while acting in order to avert an immediate danger to an interest protected by law, if that danger could not have been avoided otherwise and the interest sacrificed, in the form of road safety, was of lower value than the interest saved.
4. A receipt for the retention of a driving licence on the grounds referred to in para. 1 point 1 letter b and point 3 entitles the holder to drive a vehicle for 7 days.
5. A receipt for the retention of a driving licence on the grounds referred to in para. 1 point 1 letters c and f and points 2 and 2a entitles the holder to drive a vehicle for 24 hours from the moment of retention.
6. In the case referred to in para. 1 point 1 letter e, as regards the absence of the document referred to in Art. 38(1) point 3a or 4a, the district governor releases the retained driving licence by entering information about its return into the central driver register, once the missing document has been presented.
Art. 135a.
1) shall retain a driving licence issued by a state other than the Republic of Poland, against a receipt, in the case of:
a) a reasonable suspicion that the driver of the vehicle is in a state of intoxication or in a state after consuming alcohol or a substance acting similarly to alcohol,
b) a finding that the driving licence is damaged to a degree rendering it illegible,
c) a suspicion that the driving licence has been forged or altered,
d) the driving licence having expired,
e) a ruling or decision to retain the driving licence having been issued in respect of the driver of the vehicle,
f) a ban on driving vehicles having been imposed on the driver of the vehicle or a decision having been issued withdrawing his entitlement to drive vehicles,
g) the driver of the vehicle exceeding 24 penalty points for infringements of road traffic rules within 5 years from the day on which the information about the obligation to complete the re-education course referred to in Art. 98a(3) of the Act of 5 January 2011 on persons driving vehicles was sent, in accordance with Art. 98a(5) or (7) of that Act,
h) the driver of the vehicle exceeding, within 1 year from the day on which the driving licence was first issued, 20 penalty points for infringements of road traffic rules, or a finding, on the basis of final decisions, that within 2 years from the day on which the driving licence was first issued he committed: - an offence against safety in traffic or - three petty offences specified in: - - Art. 86 § 1, 1a or 2, Art. 86b § 1, Art. 87 § 1, Art. 92a § 2, Art. 92b, Art. 97a or Art. 98 of the Act of 20 May 1971 - Code of Petty Offences, - - Art. 90, Art. 92 § 1 or 2 or Art. 97 of the Act of 20 May 1971 - Code of Petty Offences, in connection with failure to comply, respectively, with Art. 25(1)-(3) or with road signs regulating the right of way, light signals prohibiting entry beyond the traffic light, or the instructions and signals given by persons directing traffic or authorised to control it,
i) a finding that the document referred to in Art. 38(1) point 3a or 4a is absent, or of driving a vehicle not fitted with an alcohol interlock in the case referred to in Art. 13(5) point 7 of the Act of 5 January 2011 on persons driving vehicles,
j) committing, during the probationary period referred to in Art. 91 of the Act of 5 January 2011 on persons driving vehicles, three petty offences against safety in traffic or one offence against safety in traffic;
2) shall retain a driving licence issued by a state other than the Republic of Poland, against a receipt, where an act is detected consisting in:
a) driving a vehicle at a speed exceeding the speed limit by more than 50 km/h in a built-up area or on a two-way single-carriageway road outside a built-up area, or
b) carrying persons in a number exceeding the number of seats specified in the registration certificate (temporary permit) or resulting from the design purpose of a vehicle not subject to registration; this provision does not apply to the carriage of persons by bus in public collective transport in municipal, district and provincial passenger services within the meaning of the Act of 16 December 2010 on public collective transport, provided that standing places are provided in the vehicle,
c) driving a vehicle in the manner specified in Art. 60(5);
2a) shall retain a driving licence issued by a state other than the Republic of Poland, against a receipt, where it is detected during a roadside check that a driver performing road transport to which the provisions of Regulation (EC) No 561/2006 of the European Parliament and of the Council of 15 March 2006 on the harmonisation of certain social legislation relating to road transport and amending Council Regulations (EEC) No 3821/85 and (EC) 2135/98 and also repealing Council Regulation (EEC) No 3820/85 or of the European Agreement concerning the Work of Crews of Vehicles engaged in International Road Transport (AETR), done at Geneva on 1 July 1970, performed that transport, during the current daily driving period, with a vehicle fitted with a tachograph:
a) failing, contrary to his obligation, to record by means of the tachograph on a record sheet or a driver card the indications of the vehicle's speed, the driver's activity or the distance travelled,
b) using another person's driver card, using at least two of his own driver cards, using another person's record sheet, using several record sheets at the same time,
c) using a prohibited device, object or modified software enabling or causing the forgery or alteration of the data recorded by the tachograph,
d) where the tachograph has been disconnected;
3) may retain a driving licence issued by a state other than the Republic of Poland, against a receipt, where there is a reasonable suspicion that the driver has committed an offence or a petty offence for which a ban on driving vehicles may be imposed.
2. The provision of para. 1 point 2 letter b does not apply if the number of persons carried in the manner referred to in that provision does not exceed:
1) 5 - where they are carried by bus;
2) 2 - where they are carried in a passenger car, a lorry or in a trailer towed by an agricultural tractor or a slow-moving vehicle.
3. The provision of para. 1 point 2 does not apply if the driver of the vehicle committed the infringement referred to in that provision while acting in order to avert an immediate danger to an interest protected by law, if that danger could not have been avoided otherwise and the interest sacrificed, in the form of road safety, was of lower value than the interest saved.
4. A driver referred to in Art. 136(3) is obliged to give the traffic enforcement authority an address for service. If no address for service is given, the provisions of Art. 40 § 4 and 5 of the Code of Administrative Procedure apply, of which the driver is informed.
5. A receipt for the retention of a driving licence on the grounds referred to in para. 1 point 1 letters b-d and point 3 entitles the holder to drive a vehicle for 7 days.
6. A receipt for the retention of a driving licence on the grounds referred to in para. 1 point 1 letter g, as well as points 2 and 2a, entitles the holder to drive a vehicle for 24 hours from the moment of retention and, in the case referred to in Art. 136(3) - for 72 hours.
7. In the case referred to in para. 1 point 1 letter i, as regards the absence of the document referred to in Art. 38(1) point 3a or 4a, the district governor releases the retained driving licence once the document has been presented.
Art. 135b.
1. The retention of a driving licence issued in Poland or of a temporary electronic driving licence takes place by entering information about the retention into the central driver register immediately after it has been established that the conditions specified in Art. 135(1) are met.
2. The retention of a driving licence issued by a state other than the Republic of Poland takes place by retaining the document presented, immediately after it has been established that the conditions specified in Art. 135a(1) are met.
3. Where, according to the data collected in the central driver register, a person holds both a valid driving licence and a valid temporary electronic driving licence, the information about the retention of that driving licence is transmitted by the authority competent for driving licences. The transmission to the central driver register of data on the retention of a driving licence results in the simultaneous automatic retention of the temporary electronic driving licence.
Art. 135c.
A police officer shall retain a driver qualification card, against a receipt, where it has been invalidated.
Art. 136.
1. In the case referred to in Art. 135b(1), the Police transmit the information about the retention of the driving licence or of the temporary electronic driving licence to the central driver register and, according to competence:
1) to the court competent to hear the petty offence case or to the public prosecutor - immediately, but no later than within 7 days from the day of retention of the driving licence or of the temporary electronic driving licence - in writing, recorded in paper or electronic form;
2) to the district governor - immediately, but no later than on the day of retention of the driving licence or of the temporary electronic driving licence.
1a. The information referred to in para. 1 point 2 is transmitted to the district governor through the ICT system serving the central driver register, by making it automatically available for retrieval by means of the ICT system enabling the performance of the tasks of the authorities competent to issue documents certifying entitlements to drive vehicles, referred to in Art. 16a(1) of the Act of 5 January 2011 on persons driving vehicles.
2. In the case referred to in Art. 135b(2), the Police transmit the retained document, except in the case specified in Art. 135a(1) point 1 letter c, immediately, but no later than within 7 days from the day of retention of the document, according to competence, to the court competent to hear the petty offence case, to the public prosecutor or to the district governor.
3. If the driving licence was issued by a state other than the Republic of Poland and the driver of the vehicle does not have his place of residence in its territory, the driving licence is transmitted immediately to the district governor competent for the place of the infringement of road traffic law. The district governor immediately transmits the retained driving licence to the competent authority of the state in which it was issued.
4. Where a blood or urine test is carried out to assess sobriety or the content of a substance acting similarly to alcohol:
1) in the case referred to in Art. 135b(1), the information about the retention of the driving licence is transmitted together with the result of that test; if, however, the result of that test has not been obtained within 30 days from the day of retention of the driving licence, information about its return is entered into the central driver register immediately;
2) in the case referred to in Art. 135b(2), the driving licence is transmitted together with the result of that test; if, however, the result of that test has not been obtained within 30 days from the day of retention of the driving licence, it is returned to its owner immediately.
5. In the case referred to in Art. 135c, the Police transmit the retained driver qualification card immediately, no later than within 7 days from the day of retention of that card, to the district governor who issued it.
Art. 137.
1. A ruling to retain a driving licence, in the cases specified in Art. 135(1) point 1 letter a and point 3 and in Art. 135a(1) point 1 letter a and point 3, is issued, within 14 days of, respectively, the day of receipt of the information about the retention of the driving licence or the day of receipt of the driving licence, by:
1) the public prosecutor - in the course of preparatory proceedings, and the court - after the case has been referred to the court;
2) in a petty offence case - the court competent to hear the case.
2. The competent district governor is notified of the issue of a ruling to retain a driving licence.
3. A ruling to retain a driving licence may be challenged by an interlocutory appeal.
4. Where no ruling to retain the driving licence has been issued, a ruling to return the retained driving licence is issued, respectively, by:
1) the public prosecutor, notifying thereof the authority which retained the driving licence;
2) the court, whereby in the case of a driving licence issued in Poland the court notifies of the issue of the ruling the authority which issued the driving licence.
5. A ruling to return a retained driving licence is served on its owner.
6. The return of a retained driving licence issued in Poland takes place by entering information about the return into the central driver register:
1) by the authority which retained it - after receiving notification of the issue by the public prosecutor of a ruling to return the retained driving licence, or after that ruling has been presented;
2) by the authority which issued it - after receiving notification of the issue by the court of a ruling to return the retained driving licence, or after that ruling has been presented.
Art. 139.
1. The provisions of Art. 135 and Art. 135b-137 concerning a driving licence issued in Poland apply accordingly to a permit to drive a tram.
2. The provisions of Art. 135-135b do not apply to the heads and foreign staff of diplomatic missions and of consular offices of foreign states, nor to special missions and international organisations enjoying diplomatic or consular privileges and immunities by virtue of Acts, agreements or generally recognised international customs, or on the basis of reciprocity, nor to other persons enjoying those privileges and immunities.
3. In relation to soldiers performing active military service and other persons driving vehicles of the Armed Forces of the Republic of Poland, the powers and duties of police officers specified in Art. 135(1), Art. 135a(1), Art. 135b, Art. 136(1) and (2) and Art. 137(6) point 1 are also exercised by soldiers of the Military Police.
4. In the case of the check referred to in Art. 129a(1), the powers and duties of police officers specified in Art. 135(1), Art. 135a(1), Art. 135b, Art. 135c, Art. 136(1), (2) and (5) and Art. 137(6) point 1 are also exercised, in relation to drivers of vehicles, by inspectors of the Road Transport Inspectorate.
5. The provisions of Art. 130a(1) point 6, Art. 135(1) point 1 letters a and d, points 2, 2a and 3, para. 4 and 5, Art. 136(4) point 1 and Art. 137 concerning a driving licence issued in Poland apply accordingly to a temporary electronic driving licence.