CAUTION !!! automatic translation from Polish
- Mandatory Forfeiture of Vehicles
ATTENTION – THIS IS AN AUTOMATIC TRANSLATION
As of March 14, 2024, new regulations in Poland mandate the obligatory forfeiture (confiscation) of a motor vehicle in certain situations involving driving under the influence, based on amendments introduced by the Act of July 7, 2022. The new rules enforce mandatory vehicle forfeiture when a driver:
- Causes a traffic accident or disaster with a blood alcohol content (BAC) exceeding 1.0‰,
- Operates a vehicle with a BAC exceeding 1.5‰,
- Drives with a BAC over 0.5‰ while being under a court-imposed driving ban or having a prior conviction for DUI, intoxication, or a road offense committed while drunk.
Additionally, the court may optionally order forfeiture if the perpetrator’s BAC is between 0.5 and 1.0‰ and an accident or disaster occurs.
If the vehicle is not solely owned by the perpetrator, or if it has been sold, gifted, or hidden after the offense, the court may instead order forfeiture of the vehicle’s equivalent value, calculated based on its worth in the year the offense was committed. According to a Supreme Court ruling, if legal reasons prevent the vehicle’s forfeiture, the equivalent monetary value shall be confiscated instead.
Vehicle valuation for this purpose does not involve a court expert by default. The court typically takes the value from the vehicle’s liability insurance (OC policy). Alternatively, the average market value of a comparable vehicle may be determined by the court itself.
Forfeiture or its equivalent value is not imposed if the offender was performing work duties while driving a vehicle belonging to their employer. In such cases, other penalties (such as exemplary damages to a designated fund) may apply instead.
The main objective of these rules is to increase driver accountability and improve road safety. There are ongoing legislative efforts to further amend and clarify these provisions, including the process for vehicle valuation and other exceptions to forfeiture.
- Mandatory Forfeiture of Vehicles
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