Drivers using Poland’s e-TOLL system still cannot expect milder treatment even for minor violations. The Ministry of Infrastructure has announced changes to the regulations and a new penalty model, but it does not plan to introduce individual adjustment of fines. The Ombudsman has raised concerns that the current rules may violate EU law.
For months, calls have been mounting to soften the penalty rules in the e-TOLL system, but drivers should not expect a revolution. The Ministry of Infrastructure confirmed that work on legislative changes is underway, yet fines for failing to pay electronic tolls will remain rigid in nature.
According to the ministry’s response to the Ombudsman’s office, the draft project envisions a modified list of violations and a new mechanism for imposing sanctions. The changes aim to better reflect the type of infraction and the offender’s situation, but they do not mean full discretion in setting penalty amounts.
Ministry stands firm on individual penalty adjustments
The ministry argues that introducing individual fine mitigation would significantly prolong and complicate administrative proceedings. – Allowing case-by-case assessment of fines would create an additional burden on the entire penalty system – said a representative of the Ministry of Infrastructure.
The issue has been dragging on since 2024, when a citizen’s petition reached the Ombudsman challenging the current provisions of the Public Roads Act. The author of the petition claims that the existing regulations may breach both the Polish Constitution and EU law because they do not allow for consideration of the circumstances of a specific case.
Ombudsman points to EU proportionality principle
The Ombudsman’s office notes that the requirement of proportionality of penalties stems from the jurisprudence of the Court of Justice of the European Union. The Bureau of Expertise and Regulatory Impact Assessment of the Chancellery of the Sejm also recommended moving away from fixed sanctions and allowing for their mitigation.
– A similar direction was taken by the petition submitted to the Sejm, which resulted in a demand for a comprehensive analysis of the current regulations – the Ombudsman stated.
The Ministry of Finance and Economy previously acknowledged that some of the postulates deserve consideration, but simultaneously concluded that individual fine mitigation would overcomplicate administrative procedures. Now the Ministry of Infrastructure is working together with the Main Inspectorate of Road Transport and the Ministry of Finance on a new model of liability in the e-TOLL system.
For now, nothing indicates that drivers will be able to expect lower fines depending on the circumstances of a particular violation. The ministry insists that the system must remain efficient and predictable, and individual assessments would undermine those goals.
Źródło: WNP.PL, Fot. Karol Serewis / Shutterstock
