Short-Term Driving Bans in German Law (Fahrverbot) as an Inspiration for the Polish Lawmakers Cover Image

Krótkotrwały zakaz prowadzenia pojazdów mechanicznych w prawie niemieckim (Fahrverbot) jako inspiracja dla polskiego ustawodawcy
Short-Term Driving Bans in German Law (Fahrverbot) as an Inspiration for the Polish Lawmakers

Author(s): Michał Głuchowski
Subject(s): Criminal Law
Published by: Instytut Nauk Prawnych PAN
Keywords: criminal law; traffic law; petty offences law; German law; comparative law; driving ban; driving disqualification; road safety; driving licence; regulatory offences; speeding;

Summary/Abstract: The criminal punishment of a short-term driving ban was introduced in Germany in 1965 to combat road traffic offences. Since 2017, the ban may be imposed in response to every criminal offence. This penalty has numerous advantages and only minor disadvantages. In Poland, however, its target group would overlap with the restriction of liberty. In Germany, driving bans imposed after regulatory offences are much more prevalent. Based on the German experiences, this article criticizes the Polish regulation on automatic and immediate seizure of the driving licence and its subsequent suspension after speeding. Furthermore, a short-term driving ban should be introduced to the Polish Criminal Code and the Petty Offences Code as a new penal measure supplementing the driving disqualification.

  • Issue Year: 225/2022
  • Issue No: 1
  • Page Range: 7 - 47
  • Page Count: 41
  • Language: Polish