The European Commission responded to the information provided by the Polish Insurance Association on 1 June this year on non-compliance with EU standards governing the Polish law for drivers to hold mandatory liability insurance policy (OC). PIU appealed to the EC amendment of the Law on Road Traffic about liquidation of the right of the police to tow a vehicle without OC and not introducing in its place any other penalties.
The EC in response stated that it will call the Polish authorities to explain the reasons for such changes in the Polish law. General Directorate for Internal Market and Services that leads this case explained, that each European Union member is obliged to take appropriate measures to ensure the obligation to hold such an insurance by vehicle owners.
The European Commission noted that the solution adopted by a Polish legislator “seems to reduce the effectiveness of Poland’s fulfillment of the obligations of ensuring that vehicles registered on a permanent basis in its territory were covered by liability insurance policy.” A key element of this obligation is to ensure “that victims of road accidents receive adequate compensation for suffered damages.” The share of uninsured vehicles on the road can therefore, according to the EC, “have a negative impact on the amount of compensation paid to victims of road accidents.”
PIU for many months has been lobbying for an amendment of the traffic law: a vehicle whose driver does not have with him/her documentation confirming the liability insurance contract (or has never bought the policy), is taken off the road by the police. The best solution would be retention of registration certificate. Meanwhile, the parliament under the pretext of “making the life easier for drivers,” led to the situation where the lack of insurance equals to only 50 PLN fine and a penalty imposed by UFG. Parliament has also prevented the uninsured vehicle off the road, which poses a huge risk especially to victims of accidents.