Specialist part · #11022 · 2 pts
In what circumstance will the driving licence not be withheld for exceeding the speed limit by more than 50 km/h in a built-up area?
aIf the driver of the vehicle has committed an infringement in order to ward off an imminent danger to an asset protected by law.
bIf the driver of the vehicle behind uses warning lights and sound signals to indicate a need to increase speed.
cIf the driver increased speed so as to quickly exit the intersection of roads while the green signal lights are on.
Why?
This is a case of necessity, meaning action taken to avert an immediate threat to a legally protected interest, such as life. There must be no other way to avoid the danger, and the interest being protected must outweigh the road safety being sacrificed. Pressure from another driver or a wish to clear a junction faster on a green light does not, by itself, meet these conditions.
art. 135 ust. 3 Prawa o ruchu drogowym