Driver’s license suspension: what to do

Why might a driver’s license be taken away for 3 months?

The most common reason for a three-month driving license suspension is exceeding the speed limit by more than 50 km/h in a built-up area. This is based on Article 102, Section 1c of the Road Traffic Act, which requires the starost to impose a fine in such situations. Other common reasons include carrying more passengers than permitted in the registration certificate (at least three people more) and, for professional drivers, tampering with the tachograph. It’s worth noting that other traffic offenses may result in longer bans, which are imposed by the court.

Driver’s license suspension procedure: step by step

A roadside check ends with a driver’s license being seized by a police officer, who records this in the electronic system and issues a receipt. This permits the driver to legally drive for another 24 hours. The information is then forwarded to the starost, who within a few days issues a decision to suspend the driver’s license for three months. The penalty applies from the date the driver’s license is seized, regardless of whether it is physically handed over to the officer. This is particularly important since, as of 2024, this is no longer required, as the seizure is recorded in the CEPiK database.

Driver’s license suspension for 3 months – how is it counted?

The penalty period runs from the date the document is seized by the officer. For example, if the document was seized on June 15th, the ban ends on September 15th. Full calendar months are counted, i.e. the length of the month is irrelevant.

Driving after a driver’s license suspension – consequences

It’s worth remembering that driving in spite of a driving ban is a serious violation of the law. Pursuant to Article 102, Section 1d of the Road Traffic Act, the starost will extend the suspension of the driving license for up to six months. If the driver violates the ban again, the license will be revoked, and reinstating the license will require completing a re-training course and retaking the driving test. Driving despite a court-ordered driving ban (not just an administrative decision by the starost) is a crime under Article 244 of the Penal Code, punishable by up to five years in prison and a 15-year driving ban.

Can the starost shorten the suspension period of a driving license?

No, the starost cannot shorten the mandatory three-month period stipulated in Article 102, Section 1c of the Road Traffic Law. However, the driver may file an appeal with the Local Government Appeal Board (SKO) within 14 days of receiving the decision. In the appeal, it is advisable to provide evidence that the stop was unjustified. Typically, this would include acting out of necessity (e.g., exceeding the speed limit to transport a choking child to the hospital) or an error in determining the location of the offense (speed measurement taken outside a built-up area).

It is also possible to request a stay of execution of the decision until the case has been examined, although in practice, immediate enforceability is difficult to waive. If the appeal is dismissed, you can still file a complaint with the Provincial Administrative Court. However, in practice, it is usually better to simply wait the three-month period.

Court-imposed driving ban – when does it start?

In more serious cases, such as driving under the influence of alcohol or causing an accident, the driver may receive a court-imposed driving ban. Such a ban is a punitive measure imposed by the court pursuant to Article 42§2 of the Criminal Code and begins on the date the judgment becomes final.

However, if the document has already been temporarily confiscated, this period is counted towards the penalty (Article 63 § 2 of the Criminal Code). In practice, this means that the duration of the ban is counted from the date of confiscation of the document, provided that the court confirms the driver’s guilt.

How to reinstate your driver’s license after the suspension period has expired

After 3 months, your license is automatically reinstated – no need to apply or visit the government office. This is based on Article 102(1f) of the Road Traffic Act. You can check your status online at CEPiK or at the Department of Transportation. If the police also physically confiscated the document, you need to collect it in person at the office, presenting proof of identity. However, if the driver drove a vehicle during the ban and the ban was extended or the license was revoked, the procedure for reinstating the document is longer and requires retaking the state exam

What to do after your driver’s license has been suspended – practical tips

• Stay calm during the inspection and make sure you know when the ban takes effect.
• Do not drive for 24 hours after your document has been confiscated – this may result in an extended penalty or revocation of your license.
• Carefully check the reason for the confiscation, e.g., whether the offense actually occurred in a built-up area.
• Consider appealing the decision within 14 days – it is best to consult a lawyer.
• Arrange alternative transportation for the duration of the ban. Public transportation may prove to be a good option.
• After the penalty has expired, check with CEPiK or the government office to see if your license has been reinstated.
• Keep copies of the decision and receipts  – they may be needed when collecting the document or in case of any doubts as to the validity of the penalty.

In short: a valuable lesson

Having your driver’s license suspended is a severe but temporary sanction that you can easily wait out by complying with the ban. It is important to act in accordance with the regulations, know your rights, and, if in doubt, file an appeal or consult a lawyer. For many drivers, such an experience is a valuable lesson in caution, showing that obeying the rules safeguards against more serious consequences in the future.