Drivers in Poland are using a legal loophole to legally delay the accrual of penalty points

The points system is something that is followed in many countries in transport. It is also one of the biggest scares for drivers. My grandfather is a professional driver, but even he occasionally commits an offence on the road. If he’s threatened with a fine for it, of course he’s upset, but he always responds with words: “It’s just a fine.” And I know exactly what he means. If it was about points, it would be worse. In Poland, however, drivers have a way of dealing with the points added. Or at least a way to delay them.

Each country has a slightly different points system. In Poland, the limit you can’t exceed is 24 points. After that, your licence is revoked and you have to retake the test to get your licence. Many drivers in the country, the moment they get into this situation, use a trick to avoid the immediate accumulation of penalty points.

Refuse the fine

If points are to be added and the driver is worried about having their licence revoked, they simply need to refuse to pay the fine on the spot. This way, his offence is not dealt with at the time, but everything moves on to court. The points will only be added to the driver’s account after a final judgment has been handed down.

“In the case of refusal to accept a fine, the entry of penalty points is final only if the violation is confirmed by a final court judgment,” Polish law literally states. Furthermore, it is possible to revoke acceptance of a fine after receiving it. The driver has seven days to do so. Penalty points do not disappear after refusal of the fine. They are only in the waiting room, so to speak. Does that make any sense?

You can delay problems for months, or solve them altogether

When I first read the information about this Polish “trick”, I thought it was probably nothing significant, nothing that would save a person. But in practice, the authorities can delay the resolution of problems, and sometimes your points can be held up in the waiting room for months, sometimes even years.

This is where the potential advantage becomes apparent. During the pendency of your case, previously accumulated points may be forfeited. That’s because the regulations say this happens 12 months after the fine is paid. So if you have 24 points and the court case takes a long time, you may lose some of your old points in the meantime and the new ones won’t lose your licence.

This strategy does not guarantee success. Drivers often resort to it in desperate situations and risk having court proceedings on their record when a fine would not show up on their record. So the question is how much is it worth trying your luck. In some cases, maybe it is, but you probably don’t have much time to decide the moment the police stop you with a ticket. Often you will make a move that you regret.