There will be changes to the confiscation of cars. The Ministry explains
The Ministry of Justice is preparing changes to important regulations for many Poles. They concern the recently introduced law on confiscation of cars for driving on double gas.
In mid-March, a new law came into force in Poland, which allows drivers who are caught driving under the influence to confiscate their cars. The regulations have been highly questionable from the very beginning and have caused enormous confusion, partly due to the fault of politicians themselves. The Ministry of Justice has commented on this matter and is already preparing changes.
Changing the regulations on car confiscation
Let us remind you that according to the currently applicable regulations, a car is confiscated in three cases:
- When a driver causes a disaster, immediate danger or an accident with an alcohol concentration exceeding 1 per mille,
- When a driver drives a car with an alcohol concentration exceeding 1.5 per mille,
- When the driver drives a car with an alcohol concentration above 0.5 per mille, but has a driving ban or has previously been legally convicted of driving under the influence of alcohol, under the influence of a narcotic drug or for a traffic offense committed while under the influence of alcohol.
However, what raises doubts is the obligatory nature of such decisions. The court, according to current regulations, has no choice but to order the forfeiture of the car or its equivalent. The Ministry of Justice points out that a similar mechanism already operates in Belgium, Finland, Estonia, Italy, Slovenia and Luxembourg, but there it is optional. This means that the court may, but does not have to, take away the driver's car. Forfeiture is imposed mainly when an accident is caused while under the influence of alcohol or when a person commits recidivism.
The obligation imposed by the legislator on the court to order the forfeiture of a motor vehicle constitutes a significant limitation of the court's competence to administer justice.
– we read in a statement from the Ministry of Justice.
That is why the government is preparing changes that will abolish the obligation to confiscate a car. It will be up to the court to decide on this matter. After carrying out analytical and conceptual work, the Ministry of Justice prepared draft regulations clarifying the ambiguities arising from the amendment to the regulations. The draft act was published on the website of the Government Legislation Center. It will then be submitted for public consultation.
In the first month of the new regulations being in force, as many as 480 cars were confiscated.
