Liability for Exceeding the Permissible Speed Limit in a Built-up Area by More Than 50 km/h Cover Image

Odpowiedzialność za przekroczenie dozwolonej prędkości w terenie zabudowanym o więcej niż 50 km/h
Liability for Exceeding the Permissible Speed Limit in a Built-up Area by More Than 50 km/h

Author(s): Valeri Vachev
Subject(s): Civil Law
Published by: Wydawnictwa Uniwersytetu Warszawskiego
Keywords: driving license; speeding; petty offence; administrative transgression

Summary/Abstract: The paper considers legal liability for exceeding the permissible speed limit whilst driving (speeding) in a built-up area by more than 50 km/h. In the centre of the writer’s attention is a conflict between two regimes of liability – administrative and that determined by the law of petty offences, concurrent occurrence of both of which may result in a violation of the constitutional prohibition on dual punishment. The problem will be discussed by reference to the judgment of the Polish Constitutional Court of 11 October 2016 (ref number K 24/15), whose principledness the paper disputes to the extentthat it refused to infer that the conflicting regimes of liability do give rise to a violation of the principle of ne bis in idem.

  • Issue Year: 2017
  • Issue No: 69
  • Page Range: 87-98
  • Page Count: 13
  • Language: Polish