In what circumstance will the driving licence not be withheld for exceeding the speed limit by more than 50 km/h in a built-up area?
Show the correct answer
Correct answer
A. If the driver of the vehicle has committed an infringement in order to ward off an imminent danger to an asset protected by law.
Explanation
The question is about the case in which the driving licence will not be retained despite exceeding the speed limit by more than 50 km/h in a built-up area. This happens when the driver was acting to avert an immediate danger to an interest protected by law - the answer is A.
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. Answer A reflects this exception: it is a state of necessity, for example taking a person whose life is in danger to hospital when there was no other option. Answer B is absurd - the driver behind has no right to give you instructions, and their impatience does not justify breaking the rules. Answer C is also wrong: a green light does not release you from the speed limit, and "leaving the junction faster" is not a danger.
Legal basis: Art. 135 para. 1 point 2 letter a and para. 3 of the Road Traffic Act (Prawo o ruchu drogowym)