Koszalin Court of Appeal ruled driving with foreign license invalid after Polish driving privileges revoked.
Case Background
A driver faced charges under Article 94, Paragraph 1 of the Polish Code of Petty Offenses for operating a motor vehicle without proper authorization. The regional court initially imposed a fine of no less than 1,500 Polish złoty plus a six-month ban on driving any motor vehicle.
The convicted driver appealed, arguing that at the time of the offense, he possessed a British driving license for category B vehicles issued by UK authorities.
Appeal Rejection
The Court of Appeal in Koszalin rejected the appeal, emphasizing that a Polish municipal authority had revoked the defendant’s category B driving privileges. This revocation was primarily due to the man’s refusal to undergo psychological examinations to determine his fitness to operate motor vehicles.
By the date of the offense, the man had not regained his revoked Polish license. The appellate court determined that obtaining a category B license in the UK did not meet the formal requirements to recognize proper authorization to drive in Poland.
Legal Foundation
The court cited the Act on Drivers, which establishes the principle that “one person may possess only one driving license.” Additionally, the law states that a driving license is not issued to a person whose driving authorization has been revoked.
The appellate court reasoned that if a license cannot be issued to someone whose privileges have been revoked, it follows even more that a foreign license cannot be recognized during the period of revocation.
One License Principle
The court emphasized that Polish law does not permit legally holding two valid driving licenses (Polish and foreign). When exchanging an old license, it is retained, and a document obtained “in parallel” may be considered invalid in Poland.
The court noted that a driving license is tied to the person, not to the country, and there should be only one license even if issued in different countries. The Koszalin court referenced Polish administrative court rulings consistently upholding the principle of one license per person.
