Several Polish courts are challenging the authority of the Road Transport Inspectorate (ITD) to issue fines via photo radar, potentially impacting traffic enforcement.
ITD Authority Under Scrutiny
Some courts believe the Road Transport Inspectorate (ITD) lacks the authority to impose fines or submit requests for punishment to vehicle owners when they fail to identify the driver caught by a speed camera.
The Katowice Regional Court recently ruled on an appeal by the Chief Road Transport Inspector against a Katowice-Zachód Regional Court decision to refuse to initiate proceedings for an offense under Article 96 § 3 of the Code of Offenses, which carries a fine of up to 30,000 zł for failing to identify the driver.
How the System Works
According to “Rzeczpospolita,” the ITD, through the Automatic Road Traffic Monitoring Center, operates a network of speed cameras in Poland. When an offense is registered, the ITD asks the vehicle owner to identify the driver at the time of the offense.
The owner can admit responsibility and accept the fine or identify another person who was driving. If the owner does not respond or identify the driver, they can voluntarily agree to be punished for failing to identify the driver. Otherwise, the ITD will submit a request for punishment to the court.
Katowice Court Ruling
The Katowice Regional Court ruled that the ITD was not an authorized prosecutor to file complaints with the court. The court stated that directing a request for punishment to the vehicle owner for failing to identify the driver does not fall within the ITD’s competence.
Inconsistent Jurisprudence
“Rzeczpospolita” notes that there is no consistent prosecutorial line on this issue, and even within the same regional courts, some panels accept such decisions from district courts while others do not.