Obowiązek wskazania – na żądanie uprawnionego organu – informacji o powierzeniu pojazdu do kierowania a odpowiedzialność z art. 96 § 3 Kodeksu wykroczeń
Obligation to indicate – at the request of an authorized body - the information on roadworthiness car certification and liability under Article 99 § 3 of the Code of Petty Offences
Author(s): Anna Ewa ChodorowskaSubject(s): Criminal Law, Penal Policy
Published by: Wydawnictwo Uniwersytetu Warmińsko-Mazurskiego w Olsztynie
Keywords: law on petty offences; vehicle owner; vehicle driver; photo radar; liability; right to defence;
Summary/Abstract: The author deliberates on Article 96 § 3 of the Code of Petty Offences, punishing refusal to indicate at the request of an authorised body to whom the owner or keeper of a vehicle has entrusted the vehicle to drive or use in a defined period (Article 78 Section 4 of The Road Traffic Act). The purpose of this article is to present a set of entities obliged under the norms and entities authorized to request information from the owner or the holder of the vehicle about that who he has been assigned the vehicle to drive or use on time. In addition, special attention was on circumstances which, even though they constituted cases of non-compliance with the standard resulting from Art. 78 sec. 4 Act of the Law on Road Traffic could not be result in liability for the offense in question. The article also contains an analysis of past judicial concerning extent of rights of defence in the context of liability for a petty offence from Art. 96 paragraph 3 of the Code of Petty Offenses. The author indicates that provision of the Code of Petty Offences in a significant not way limits the rights of defence.
Journal: Studia Prawnoustrojowe
- Issue Year: 2023
- Issue No: 61
- Page Range: 17-35
- Page Count: 20
- Language: Polish