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Question no. 10960 2 pts specialist BB1CC1DD1

What will a police officer do if, during a roadside inspection,it is established that you have exceeded the speed limit by more than 50 km/h in a built-up area, but this was done in order to save someone's life?

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Correct answer

C. Will not withhold your driving licence.

Explanation

The question is about what a police officer does when they find that you have exceeded the speed limit by more than 50 km/h in a built-up area in connection with saving a human life. The police officer will not retain your driving licence - the answer is C.

The Road Traffic Act states that the rule on retaining a driving licence for exceeding the speed limit by more than 50 km/h in a built-up area does not apply if the driver committed the offence while acting to avert an immediate danger to an interest protected by law, if this danger could not be avoided in any other way, and the interest sacrificed, namely road safety, was of lower value than the interest being saved. This is an exception for a state of necessity: when you are taking a person whose life is in danger to hospital and there was no other option, the value of the life being saved outweighs the breach of road safety. However, you must be able to justify the exception - the police officer will assess the circumstances, and in case of a dispute a court decides; simply saying "I was in a hurry" is not enough. Answer A describes the general rule without the exception, so it is wrong. Answer B has no basis in the rules: a police officer does not refer drivers to a control exam for a single speeding offence.

Legal basis: Art. 135 para. 1 point 2 letter a and para. 3 of the Road Traffic Act (Prawo o ruchu drogowym)

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