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Since the beginning of 2026, Polish law has imposed significantly stricter consequences for particularly dangerous driving. The Criminal Code now contains separate offences concerning the organisation of and participation in illegal motor vehicle races, as well as so-called reckless driving. The rules on driving bans and vehicle forfeiture have also been strengthened.
Most of the new provisions entered into force on 29 January 2026. The provisions allowing a driving licence to be retained for drifting or deliberately causing a wheel to lose contact with the road surface have applied since 30 March 2026. Dziennik Ustaw
What constitutes an illegal motor vehicle race?
An illegal race does not have to take place on a formally designated route or be organised as an official event. The statutory definition includes competition between the drivers of at least two motor vehicles, conducted in breach of road-safety rules, particularly with the intention of covering a given section of road in the shortest possible time.
The concept may also include deliberately putting a vehicle into a skid or causing at least one wheel to lose contact with the road surface during a gathering held in an open or publicly accessible area without the required permit.
Organising or conducting an illegal race, as well as participating in it as a driver, is punishable by imprisonment for between three months and five years. Preparation for this offence is also punishable, with a maximum sentence of three years’ imprisonment. Dziennik Ustaw
Not every drift is a criminal offence
Participation in an illegal race must be distinguished from an isolated act of drifting.
Deliberately putting a motor vehicle into a skid or causing a wheel to lose contact with the road surface on a public road, in a residential zone or in a traffic zone is, as a rule, a petty offence. The minimum fine is PLN 1,500. Where the conduct creates a road-safety hazard, the minimum fine increases to PLN 2,500.
Drifting may nevertheless form part of the criminal offence of participating in an illegal race when it occurs in the circumstances specified by the Criminal Code. In such a case, the driver may face criminal liability rather than liability for a petty offence only. The police may also retain the driving licence. Dziennik Ustaw
Reckless driving as a separate offence
Article 178d of the Polish Criminal Code introduced a separate offence of reckless driving. A substantial excess of the speed limit alone is not sufficient.
The offence requires three cumulative elements:
a gross excess of the speed limit,
a gross breach of other road-safety rules,
the creation of an immediate risk of death or serious or moderate bodily injury to another person.
The offence is punishable by imprisonment for between three months and five years. Consequently, not every speeding offence becomes a criminal matter. The overall manner of driving and the actual risk created by the driver remain decisive. Dziennik Ustaw
An accident during a race
A driver who causes an accident resulting in death or serious bodily injury while participating in an illegal race or driving recklessly may face imprisonment for between one and ten years.
Stricter sentencing rules may apply where the driver was intoxicated, under the influence of drugs, fled the scene or consumed alcohol after the incident but before being tested.
When may a vehicle be forfeited?
Vehicle forfeiture is not an automatic consequence of every drift, speeding incident or illegal race.
The court may order forfeiture following a conviction for participating in an illegal race or for reckless driving. Forfeiture is mandatory in certain cases where the driver’s alcohol concentration was at least 1.5‰ in blood or 0.75 mg/dm³ in exhaled air. The court may refrain from ordering forfeiture only in an exceptional case justified by special circumstances.
Where the vehicle was not the offender’s exclusive property, the vehicle itself is not forfeited. Instead, the court must generally order a payment to the State Treasury ranging from PLN 5,000 to PLN 500,000. This may apply to jointly owned, leased and company vehicles. Dziennik Ustaw
Lifetime driving ban
The consequences of driving in breach of an existing court-imposed ban have also been strengthened. As a rule, the court must impose a lifetime ban on driving all motor vehicles. An exception is possible only where particularly exceptional circumstances exist.
Driving in breach of a court ban is also a separate criminal offence. The consequences are therefore not limited to an administrative measure or an extension of the previous ban.
What should a driver do after being detained?
In cases involving illegal racing, reckless driving or vehicle forfeiture, the first evidentiary steps may determine the future course of the proceedings. The authorities may secure the vehicle, CCTV recordings, a mobile telephone, a dashboard camera and electronic data concerning the vehicle’s speed or location.
However, not every instance of fast driving constitutes reckless driving, and not every skid constitutes participation in an illegal race. The location, the driver’s behaviour, the conduct of other participants and the existence of an immediate threat to a specific person must be assessed.
Giving a statement without first understanding the evidentiary situation may make the subsequent defence more difficult. Legal assistance should therefore be obtained at an early stage, particularly where the driver has been detained or the vehicle has been seized.
Law stated as at 28 July 2026.
This article is for general information only and does not constitute legal advice in an individual case.
Author: Radosz Pawlikowski, Attorney-at-Law
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