EXCHANGE OF FOREIGN DRIVING LICENCE

EXCHANGE OF DRIVING LICENCE BY DRIVERS CARRYING OUT PASSENGER TRANSPORT 

 

On 17 June 2024, an amendment to the Road Traffic Act of 20 June 1997 will come into force. The amendment of 26 May 2023 introduces an additional provision - Article 27e, according to which drivers providing passenger transport services are obliged to hold a Polish driving licence. It will therefore be necessary for persons providing passenger transport services to exchange their driving licence for a Polish one. However, it should be remembered that the exchange of a foreign driving licence into a Polish one can be applied for only after 6 months of residence in Poland. 

 

The aforementioned provision also introduces the obligation to verify that the person providing passenger transport is really the person to whom the transport has been commissioned. The verification shall take place at least once every 50 transports, however at least once every 7 days. The regulation is intended to increase the safety of travellers, particularly in taxis. Additional provisions had already been introduced to guarantee the verification of transport operators, among other things, in terms of not having a criminal record for offences against sexual freedom and morality. 

 

A Polish driving licence may be issued if the prerequisites of Article 11 of the Act on Drivers are met - consequently, it may be issued to a foreigner if he lives in Poland and, in addition, declares that: 

- stays in Poland for at least 185 days in a calendar year due to a certain type of personal bond, or

- stays regularly in Poland due to his/her personal bond, and at the same time due to his/her professional bond he/she is successively staying in at least two EU Member States, or

- is staying irregularly in Poland because of his/her personal bond, and is staying in another EU Member State in order to fulfil a task of a definite duration, or

-stays on the territory of another country due to studies or schooling undertaken in that country. 

 

DO I HAVE TO EXCHANGE MY DRIVING LICENCE IF I DO NOT PROVIDE PASSENGER TRANSPORT SERVICES PROFESSIONALLY? 

 

The legislator has now reverted to the general rules for the exchange of driving licences, which were in force before the application of special solutions in connection with the Russian aggression against Ukraine. This means that a foreign driving licence issued by the competent authorities of a state party to the Vienna Convention or the Geneva Convention on Road Traffic (i.e. Ukraine, among others) is valid for the first 6 months of your stay on the territory of the Republic of Poland, and after six months must be exchanged for a Polish one. 

 

If you stay in Poland for more than 6 months and want to drive, you must exchange your driving licence for a Polish one.

 

Previously, in accordance with the Law on Special Regulations on Transport and Maritime Economy in Connection with the Armed Conflict on the Territory of Ukraine, in the period from 24 February 2022 to 31 December 2023, Ukrainian citizens holding a driving licence issued by the competent Ukrainian authorities did not have to exchange their driving licence after 6 months of stay, and expired driving licences were considered valid. 

 

 

DO HOLDERS OF A UKRAINIAN DRIVING LICENCE HAVE TO TAKE A THEORETICAL TEST?

No, they do not have to. One of the conditions for obtaining a Polish driving licence is to pass a state theoretical examination, however, according to Article 14(1) of the Act on Drivers, this condition applies only to driving licences that are not specified in the Geneva Convention of 19 September 1949 on Road Traffic, as well as the Vienna Convention of 8 November 1968 on Road Traffic. I point out that Ukraine is a party to the Vienna Convention, so persons holding a Ukrainian driving licence do not have to pass a theory test. 

 

HOW TO EXCHANGE A FOREIGN DRIVING LICENCE FOR A POLISH ONE?

 

The exchange is done at the city office (or district office) of your place of residence. If you live in Warsaw, you should apply to the appropriate delegation of the Bureau of Administration and Civil Affairs. A list of delegations for each district is available here:

https://bip.warszawa.pl/Menu_podmiotowe/biura_urzedu/AO/Delegatury/default.htm

A number of documents must be submitted to the office, including.

- an application for a driving licence

- a 35 x 45 mm colour photograph,

-document confirming legal residence in Poland,

-a photocopy of the foreign driving licence (original to be submitted for inspection), 

-translation of the driving licence into Polish made or certified by a sworn translator or by a competent consul of the Republic of Poland,

-statement submitted pursuant to Article 11(1)(5) of the Act on Drivers (indicating that you have been staying in Poland for more than 185 days due to a specific type of personal relationship)

-declaration of awareness of criminal liability under Article 233 of the Code of Criminal Procedure 

-proof of payment for the issue of a driving licence (PLN 100) 

 

If your foreign driving licence has expired, you should submit a medical certificate stating that there are neither medical nor psychological contraindications  to driving.

 

Detailed information on replacing your driving licence in Warsaw and list of documents are available here: 

https://warszawa19115.pl/-/wymiana-zagranicznego-prawa-jazdy-wydanego-przez-panstwo-cz%C5%82onkowskie-unii-europejskiej-konfederacji-szwajcarskiej-efta-panstwo-strone-konwencji-o-ruchu-drogowym-lub-odpowiadajacego-wzorowi-prawa-jazdy-okreslonego-w-tych-konwencjach-na-polskie-prawo- 

 

If you need help exchanging your foreign driving licence for a Polish one, please contact me on 722 751 747 or email kancelaria@ad-adwokat.pl.