New fine rates – what should drivers remember?

If someone entered 2022 with momentum, they will soon have to take their foot off the gas pedal. Along with popping champagne corks, the prices of fines for traffic offenses have also skyrocketed. From the beginning of January this year, new regulations changing the existing rates came into force. So let's see what negative consequences will result for drivers if they do not comply with road rules. Importantly, changes in penalty rates for speeding are not the only change in the current regulations. Before describing the new tariff of fines, let's focus on other novelties. The most important changes seem to concern penalties for acts committed against pedestrian safety. Penalties for illegal overtaking will also be tightened, and drivers will also have to get used to more restrictive rules regarding the allocation of penalty points.

Safety for pedestrians

Half a year before the introduction of the described regulations, the legislator also decided to impose a statutory obligation on drivers to stop at a pedestrian crossing when they are waiting to cross the street. For failing to comply with this obligation, as well as for similar traffic offenses involving failure to give way to pedestrians, the driver will be subject to a fine of PLN 1,500 and PLN 3,000 in the event of committing an offense in the event of recidivism (within two years from the first offense). The same amount of fine will have to be paid by those who do not respect the overtaking ban at a pedestrian crossing or decide to pass a vehicle that was traveling in the same direction but stopped to give way to a pedestrian.

Changes in point calculation

Prior to the entry into force of the new regulations, the maximum number of penalty points that could be received for a traffic offence was 10. In light of the current regulations, drivers will also be able to receive 15 or 13 points. The remaining point tariffs remain unchanged – it is still possible to receive from 1 to 10 points. However, if a driver commits several offences and the sum of the penalty points awarded for them would be greater than 15, it is capped at 15. Another significant change is the abolition of driver training courses organised by WORDs (Traffic Centre training facilities). Let us recall that through such training it was possible to reduce the number of points held by 6. From the moment the described regulations enter into force, this possibility will disappear irretrievably. However, the maximum limit of accumulated points will remain unchanged: 24 for a driver holding a licence for more than 2 years and 20 for less experienced drivers. It is therefore much easier to exceed the limit – in extreme cases, a mere two police stops are enough for this. Additional factors motivating drivers to drive in accordance with the regulations are intended to be the linking of fine payments with the removal of penalty points from the driver's account and making third-party liability (OC) insurance premiums dependent on the number of penalty points held. Points will disappear 2 years after paying the fine that was the basis for imposing the penalty points. This change is intended to motivate drivers to pay liabilities resulting from traffic offences on time and promptly. As for linking OC insurance premiums to the number of penalty points held: law-abiding drivers will pay premiums at the standard price, while increased rates are envisaged for those with a larger number of penalty points on their account. This change has, moreover, long been advocated by the insurance industry. Returning, however, to the new method of allocating penalty points…

So why did the legislator decide to impose a one-time penalty of 15 or 13 points?

As per Annex no. 1 to the Regulation of the Minister of Interior on the procedure for drivers violating road traffic regulations, which however only comes into force in September of this year: 15 points can be obtained for a total of a dozen or so deeds, which include:

• In terms of general violations: violation as a result of which the act was classified as a crime under Art. 173 (communication disaster), art. 174 (causing an immediate danger of disaster), art. 177 § 1 or 2 (causing an accident in communication, also with fatal consequences), Art. 178b (failure to comply with an order to stop a motor vehicle), Art. 355 §1 or 2 (traffic accident caused by a soldier) of the Penal Code, as well as driving a motor vehicle under the influence of alcohol (0.2 per mille to 0.5 per mille of alcohol in the blood) or a substance having a similar effect to alcohol, driving a vehicle under the influence of intoxication or under the influence of intoxicating substances (above 0.5 per mille of alcohol in the blood);
• In terms of violations involving incorrect behavior of drivers towards pedestrians: passing a vehicle that was traveling in the same direction but stopped to give way to a pedestrian, overtaking at pedestrian crossings and directly in front of them, failing to give way to a pedestrian on a pedestrian crossing or entering it, failure to give way by the driver of a vehicle that is turning onto a cross road to a pedestrian crossing the road on which the vehicle is entering at the intersection, and failure to stop the vehicle when a disabled person using a special sign or a person with visibly reduced mobility is crossing the road. in order to enable its passage.
• As for violations involving failure to obey road signs and signals: failure, in order to avoid control, to a signal from a person authorized to control road traffic ordering to stop the vehicle.
• In terms of violating speed limits: exceeding the speed limit above 50 km/h outside a built-up area, as well as exceeding the speed limit above 50 km/h in a built-up area.
• In terms of violation of overtaking regulations: violation of the overtaking ban at bicycle crossings and immediately in front of them.

13 points it can, however, be imposed on a driver if they exceed the speed limit by 41-50 km/h. The lower point tariffs known to date (1-10) will still remain in place. However, the catalogue of offences for which police officers will award them will be significantly expanded. The regulations described in the paragraph above, as mentioned, do not come into force until 17 September 2022. Drivers therefore have plenty of time to familiarise themselves with the new regulations. It is worth bearing this in mind when planning, for example, courses that reduce penalty points. These will only be available to take until 16 September of this year. Furthermore, such a solution seems fair from the point of view of road users. After all, drivers have nine months to adapt to the new regulations without the risk of receiving a high number of penalty points. This could entail far-reaching consequences.

New tariff of fines

What seems to be most significant for drivers is the change in the penalty tariff for speeding. The new fine rates, combined with an increase in penalty points, could pose a serious problem for speeding enthusiasts. In the worst-case scenario for a road pirate, it is possible to receive a fine of up to 5,000 zlotys just for speeding, plus an additional 15 penalty points. The fine rates for speeding are therefore as follows:

Exceeding the speed limit	Rate/amount higher for recidivism
Up to 10 km/h	PLN 50
About 11-15 km/h	100 zloty
About 16-20 km/h	PLN 200
About 21-25 km/h	PLN 300
About 26-30 km/h	PLN 400
About 31-40 km/h	PLN 800/1600
About 41-50 km/h	PLN 1,000/2,000
About 51-60 km/h	PLN 1,500/3,000
About 61-70 km/h	PLN 2,000/4,000
71 km/h more	PLN 2,500/5,000

If a driver breaks several rules, the maximum total fine they can receive is 6,000 PLN. The penalty schedule described above, however, concerns the fine amounts that a police officer can propose when stopping a driver. On the other hand, the amount that a court can impose on a rule-breaker has increased to sums previously unknown to Polish drivers. Previously, this was 5,000 PLN. Currently, we are talking about a maximum fine of the order of 30,000, while the minimum is 1,000. The penalty amounts for a driver of a motor vehicle violating the overtaking ban have also been set. In this situation, a fixed rate of 1,000 PLN applies for a violation of the regulations and 2,000 PLN for repeat offenses in this regard. This applies to all types of overtaking, i.e., the ban on overtaking: a motor vehicle when approaching the crest of a hill, a motor vehicle on a bend marked with warning signs, a motor vehicle at an intersection, except for a roundabout or one where traffic is directed, an emergency vehicle in a built-up area, on or immediately before a bicycle crossing, except for a crossing where traffic is directed, on or immediately before a railway crossing, when crossing tram tracks or immediately before them, except for an intersection or tram crossing where traffic is directed, indicated by a road sign, as well as overtaking a vehicle from the wrong side. The full penalty schedule is available here!

The impact of regulations on drivers

A novelty in the regulations, which should also have a disciplinary effect on drivers, is the provision of information about offenses committed by them to insurers. As you can easily deduce, this will most likely be reflected in the insurance policy rates for those who have a "larger record." Many people may judge such action as too deep an interference in drivers' privacy, which may lead to abuse. However, it can be assumed that ratio legis purpose of this solution was different. The legislator wanted to motivate drivers to drive carefully and avoid committing offences that could affect their financial sphere in the future. Not only through fines, but also through the amount of insurance premiums. Certainly, we are dealing with very far-reaching changes. However, they are being introduced by the legislator gradually and with adequate advance notice. For Polish drivers, the introduction of such solutions may come as a certain shock. Until now, there has been a tacit approval among motorists for turning a blind eye to minor or major 'sins' on the road. Currently, however, it seems that increased fine rates, stricter regulations regarding penalty points, and the creation of other mechanisms exerting financial pressure, such as linking third-party liability insurance premiums to penalty points, passing information about offences to insurers, or cancelling penalty points two years after paying a fine, should change the approach regarding the passive acceptance of minor offences, as well as the respect for traffic regulations itself.

Why did the legislator increase the fine rates?

It also appears that the legislature is quite consistently pursuing its policy of tightening regulations protecting pedestrians. In the near future, regulations concerning the right of way at pedestrian crossings were indeed introduced. Now, however, the fines and penalty points awarded for offences against their safety have been increased. Furthermore, it is clearly evident that the legislature's aim was to provide additional "protection" for drivers during the overtaking manoeuvre. In addition – most obviously – to force them to take their foot off the accelerator. However, the introduced regulations have quite strongly polarised society. A large portion are pleased that the new regulations aim to increase road safety. In Poland, after all, there are 7.2 road traffic accident fatalities per 100,000 inhabitants annually. This is a result above the European average, which is 5, so in this regard Polish drivers definitely have room for improvement. Others in turn – predominantly drivers – negatively evaluate the introduced solutions and question the legitimacy of such large increases in fine rates. They claim that these amounts are not adapted to average earnings in Poland, and the legislature's aim was to find a new source of funding for the state budget, rather than to increase road safety. If you have any questions, we encourage you to contact the office!