Zdolność do prowadzenia pojazdu mechanicznego
a uzależnienie od alkoholu – uwagi na tle orzecznictwa sądowo-administracyjnego
The ability to drive a motor vehicle vis-à-vis alcohol addiction – comments in the context of judicial and administrative judgments
Author(s): Natalia WąsikSubject(s): Civil Law, Health and medicine and law
Published by: Wydawnictwo Uniwersytetu Jagiellońskiego
Keywords: Drivers of vehicles; medical examinations; health contraindications for driving; alcohol addiction;
Summary/Abstract: The main purpose of this publication is to present the most important theses and conclusions developed over the years 2020–2019 in the jurisprudence of administrative courts regarding the legitimacy of referring persons diagnosed (or suspected) with alcohol addiction to medical examinations by starosts (chief executive of a district) in order to determine the existence or absence of health contraindications for vehicles. When analyzing the above-mentioned case law, the focus was on such issues as the meaning and binding force of information on alcohol addiction made available to starosts by the prosecutor's office, data, as well as the probative value of other documents and information for the application of the procedure specified in art. 99 of the Act on Vehicle Drivers. The relevant considerations were preceded by a short description of the applicable regulations governing the substantive legal grounds for proceeding in matters of driving license by drivers under the influence of alcohol, alcohol or a substance similar to alcohol.
Journal: Paragraf na Drodze
- Issue Year: 2021
- Issue No: 1
- Page Range: 9-24
- Page Count: 16
- Language: Polish