What will happen if a police officer discovers during a roadside inspection that you have exceeded the speed limit by more than 50 km/h in a built-up area, but that this was done in order to save somebody's life?
Show the correct answer
Correct answer
C. The police officer will refrain from retaining 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 refrain from retaining 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. The rule refers to the legal concept of a state of necessity: the offence is justified when the danger was immediate, it could not be avoided in any other way, and the interest being saved - here a human life - is more important than road safety. All three conditions must be met at the same time; if it was possible to call an ambulance or to drive more slowly without making the sick person's condition worse, the exception does not apply. Answer A leaves out this exception. Answer B, referral to additional training, is not a measure that a police officer applies on the road.
Legal basis: Art. 135 para. 1 point 2 letter a and para. 3 of the Road Traffic Act (Prawo o ruchu drogowym)