The starost shall issue an administrative decision to withhold a category A driving licence for a period of 3 months, making it immediately enforceable if:
Show the correct answer
Correct answer
A. the driver of a motorbike transports persons in excess of the number of seats specified on the registration document of the motorbike;
Explanation
The question is about the grounds on which the starost (head of the district authority) retains a driving licence for 3 months. The decision, made immediately enforceable, is issued when a motorcycle rider carries more people than the number of seats specified in the vehicle registration certificate - the answer is A.
The Vehicle Drivers Act states that the starost retains the driving licence for 3 months when the driver of a power-driven vehicle carries more people than the number of seats specified in the vehicle registration certificate, and also when they have exceeded the speed limit by more than 50 km/h in a built-up area or on a single-carriageway two-way road outside it. The tolerance for extra people (2 in a passenger car and a lorry, 5 in a bus) does not cover a motorcycle, so a third person on a two-seat motorcycle means that the document is retained. Riding at 90 km/h in a built-up area (answer B) means exceeding the limit by 40 km/h, which is below the threshold. A speed of 180 km/h on a dual-carriageway expressway (answer C; limit 120 km/h) means exceeding the limit by 60 km/h, but such a road is neither a built-up area nor a single-carriageway two-way road, so it can lead to a fine and penalty points, not to retention of the driving licence by the starost.
Legal basis: Art. 102 para. 1 point 4 and 5, para. 1a and 1c of the Vehicle Drivers Act (ustawa o kierujących pojazdami)