It’s about art. 4 amendment to the Act on public roads (Journal of Laws of 2014. Pos. 1310), which entered into force on 2 December. This provision provides for the complete abolition for drivers who have not paid e-toll, so you will not have to pay high administrative penalties. Provides that, where an infringement has been committed before the entry into force of this Act, it shall not be instituted administrative proceedings, and those brought to decommit. Such wording of the provision on the stage in the Senate proposed the lawyers RCL.
One inequality …
The original version passed by the Parliament of the amnesty was different .
Article 4. 1 stated that the proceedings initiated and not completed before the entry into force of the new legislation was to apply less stringent regulations that provide for lower penalties. Paragraph 2 assumed that after the entry into force of the law will not institute proceedings for infringements committed before that date.
According to Maciej Telc, the main legislator in the legislative office of the Senate Chancellery, regulation adopted by the deputies could jeopardize the allegation of unequal treatment of entities in a similar legal situation.
– If the breach occurred prior to the entry into force of the amendment (in the original version of the Sejm – ed.), and administrative proceedings have already been initiated, it will continue to roll, but the punishment will be meted out under the new legislation. It should be noted that the differential treatment of addressees standards will depend on the actions or omissions of the entity controlling (of whether the proceedings are instituted) – argued in the opinion of the adopted by the Sejm.
The same arguments repeated the work of the Senate committee of the national economy. Then RCL senators suggested the adoption of the text of Article. 4, we know from the published law. However, this change was not only a legislative nature – not only streamlined the recipe as expanded its scope. The effects of adopting this amendment informed the senators on the committee meeting on July 30 Joanna Rutkowska of the General Inspectorate for Road Transport.
– At the moment GRTI leads seven thousand proceedings, in accordance with the proposed amendment will have to be redeemed. And this will lead to the depletion of revenue for the state budget for a specific amount – Rutkowska warned, adding that the body has more than 1.5 million information for subsequent violations which will not be acceded to. – At this point, reset the machine and will only proceed on the new proceedings – explained senators.
It’s hard to say how many of these violations (niezapłaceniu information about the e-toll system that generated viaTOLL) would result in the initiation of the proceedings leading decision on the penalty. The estimated loss to the national road fund because of the redemption of seven thousand procedures is 21 million zł. The argument about the unequal treatment persuaded senators.
… replaced by another
– Proposed by RCL wording of this inequality is not removed. The legal situation of drivers will be dependent on the speed of the body, but it’s not on whether the body has time to initiate the procedure only if he can finish it. Drivers, for which GRTI have time to finish the procedure before January 2, will be punished, and to other proceedings will be redeemed – says Bartosz Majkowski, legal adviser of the Office BMME Legal Advisers.
But this is not the only issue . Not only that, through the adoption by the Senate amendment expanded the circle of those who can take advantage of the amnesty, it is still a provision in its current form encourages violations and non-payment of e-toll until the entry into force of the amendment.
Since the detection of the infringement consisting of taking advantage of the toll road without paying e-toll to the initiation of passes even 6-8 months. The Act, which provides for amnesty, has a three-month vacatio legis. This means that the entrepreneur who wants to avoid paying e-toll may quietly not to raise fees until January. Even if a driver is caught on the road by patrol Road Transport Inspectorate, which will immediately begin proceedings, most lawyers would be able to drag the proceedings, so that it did not end before January 2.
– Until January, when the Act comes into force, you can expect a situation in which the users will not knowingly pay e-tolls, knowing that, and so will their abolition. It is hoped that the scale of such violations will be minuscule – emphasizes Bartosz Majkowski, who adds that for this reason the amendment introduced by the RCL is hardly accurate from the point of view of proper legislation. – The provisions of the abolitionist principle incorporated into the closed czasokresów, which excludes the possibility of generating violations in order to use amnesty – added the lawyer.
Kapsch, the system operator viaTOLL, not afraid that the proceeds from the collection of fees for the use of roads suddenly fall. – Our users have become accustomed to paying fees and it is difficult to expect that now suddenly en masse to stop doing it – says Krzysztof Gorzkowski, a spokesman for the operator.
– It was necessary to apply the model tax solutions institution active repentance and allow adjustment of arrears carriers, allowing the driver would avoid liability for non-payment. The amounts would not be great, but we would live in a legal sense – says Iwona Swede with legal office Arena 561 – Transitional raise my disgust, although it may be compensation for the introduction of Moonlighting full of defects of the Act, lack of implementing regulations, road markings, draconian penalties and flawed, especially at the beginning, working system – ironically lawyer.
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