In this situation, when driving past the stationary vehicle are you performing an evasive manoeuvre?

In the video you are driving at dusk on a dual carriageway with three lanes in your direction, separated by barriers from the opposite carriageway; at the end of the video a dark estate car with its hazard warning lights on is standing in the right lane, which is ending, and you drive past it. Driving past a stationary vehicle is not passing an oncoming vehicle (wymijanie) - it is passing a stationary vehicle or obstacle (omijanie). The answer is: no.

The Road Traffic Act defines three different manoeuvres: passing an oncoming vehicle means driving past a vehicle or road user moving in the opposite direction, passing a stationary vehicle or obstacle means driving past a vehicle, road user or obstacle that is not moving, and overtaking means driving past a vehicle or road user moving in the same direction. So the type of manoeuvre depends on what the vehicle you are driving past is doing: standing still, coming from the opposite direction or moving in the same direction as you. On a dual carriageway with a barrier in the middle there is no passing of oncoming vehicles at all, because vehicles from the opposite direction travel on a separate carriageway. The names matter because the Act assigns different duties to each manoeuvre - when going around a stationary vehicle, you keep a safe distance and slow down if necessary.

Legal basis: Art. 2 point 26, 27 and 28 and Art. 23 para. 1 point 2 of the Road Traffic Act (Prawo o ruchu drogowym)