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Question no. 14064 2 pts specialist B

A Police officer will retain a driving licence issued in the country against a receipt if proven that the driver is transporting persons in a passenger car in excess of the number of seats specified in the registration document by:

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Correct answer

C. 3 persons.

Explanation

The question is about the number of passengers above the limit in the vehicle registration certificate at which a police officer will retain the driving licence. In a passenger car, this is an excess of 3 people - answer C.

The Road Traffic Act states that a police officer will retain a driving licence issued in Poland, against a receipt, if it is found that the driver was carrying more people than the number of seats specified in the vehicle registration certificate, but this rule does not apply if the number of people carried above the limit does not exceed 2 in a passenger car, a lorry or a trailer pulled by a tractor, or 5 in a bus. An excess of 1 or 2 people is still a petty offence punished with a fine, but without retention of the document; only the third person above the limit triggers the retention of the driving licence, followed by a decision of the starost (head of the district authority) to retain it for 3 months. That is why answers A and B are wrong. The Act also allows an exception in a state of necessity, for example when taking injured people to hospital. Remember that every passenger above the number of seats travels without a seat belt - in a collision at 50 km/h, they hit others with a force of several tonnes.

Legal basis: Art. 135 para. 1 point 2 letter b and para. 2 and 3 of the Road Traffic Act (Prawo o ruchu drogowym); Art. 102 para. 1 point 5 and para. 1c of the Vehicle Drivers Act (ustawa o kierujących pojazdami)

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