In accordance with applicable regulations, the driver's velocity is determined by both photoradiators and measuring devices utilized by police officers. However, much is said to be incapable to indicate the exact velocity at which the vehicle is moving. Tolerance ranges from 3 to even 10 km/h, which makes it possible in any cases to place besides much work on drivers. The biggest problem is that the current tariffmaker no longer has specified a large margin of error. It includes a fine even for speeding by 1 km/h.
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A ticket counter 2025. 1 km/h is enough
According to the service on the Subject, the measuring devices utilized by police are somewhat more delicate than photoradiators, and their mistake scope is 3 km/h. In 2025, the ticket tariffmaker provides for a punishment even for drivers who are only 1 km/h above the velocity limit. Up to 10 km/h, the mandate is PLN 50 and an additional punishment point. Can a 3-kilometre tolerance of alleged dryers lead to situations where drivers are being punished for their innocence? There are many indications that there is simply a hazard not only of a financial penalty, but besides of losing a driving licence or qualifying as a repeater - even without actual responsibility and speeding. As a result, the Ombudsman - Marcin Wiązek - called on the Minister of the Interior and Administration to change the rules concerning the measurement of velocity on roads. The reason is that there are many complaints that drivers themselves make.
A speeding ticket. RPO: Limit of work should be moved
The main problem is that the current rules do not take into account the real margin of mistake of measurement equipment in road conditions. The Ombudsman so proposes a number of legislative changes so that drivers cannot be punished for offences they do not commit. They are:
shifting the border of misconduct from 1-10 km/h to 4-10 km/h,
the anticipation of taking account of an mistake of up to 3 km/h erstwhile issuing mandates in favour of the driver.
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At present, the above Regulation assumes that the measuring equipment has a margin of measurement mistake specified as in laboratory conditions, in peculiar Annex 1 point E 10 of the abovementioned Regulation, i.e. 1 km/h. Meanwhile, the real measurement mistake is 3 km/h. The individual who moved at the correct velocity can so be punished with a punishment of PLN 50 and will receive 1 punishment point
- is written in the explanatory memorandum quoted by Thematic. As Marcin Więzek notes, sometimes a measurement mistake can lead to even more serious consequences, including failure of a driving licence.
The reading from the laser velocity metre indicating that the permissible velocity is exceeded by 50, 51 or 52 km/h may be the actual velocity of 47, 48 or 49 km/h, respectively.
- explains the RPO, arguing that changes to the rules would benefit both drivers and courts, which would no longer gotta settle specified cases in mandate proceedings.
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