The Provincial Administrative Court in Białystok issued a judgment, in which it indicated that “the decision to retain a driving licence for a maintenance debtor is not a discretion decision. In the event that the statutory conditions are fulfilled, the public administration is therefore obliged to issue them.’
According to Article 5(3b) Act dated 7 September 2007 of assistance to persons entitled to maintenance, if the decision to declare the maintenance debtor to be exempt from maintenance obligations becomes final, the competent authority of the debtor shall submit a request for prosecution for a specific offence under Article 209 Act dated 6 June 1997 - The penal code and, after obtaining information from the central register of drivers that the maintenance debtor has the right to drive the vehicles, directs the application to the governor to retain the maintenance debtor's driving licence together with a copy of that decision. In turn Article 5(5) The Act provides that on the basis of the proposal in question Under section 3b, The old man makes a decision to stop his driving licence.
In the event that a decision to declare a maintenance debtor exempt from maintenance obligations to be final, the competent authority of the debtor shall address the application to the principal to retain the maintenance debtor's driving licence
The above decisions are therefore not of a discretionary nature, leading to the recognition that, in the event of cumulative fulfilment of the conditions laid down in the rules, the competent public administrations are obliged to take a decision. (WSA in Białystok dated 28 February 2019, reference no. II SA/Bk 757/2018).
It should also be indicated that the Authority does not assess the fulfilment of the conditions set out under Article 5(3) Act.
Therefore, in the detention proceedings, there may not be any objections raised concerning the procedure for the recognition of a maintenance debtor as a non-compliance with maintenance obligations based on Article 5(3) Act. The old man merely states that a final decision on the matter remains in the legal course (cf.
judgment of the WSA in Poznań). dated 22 August 2019, reference no. IV SA/Po 1191/18.
In the judgment of the court, the provision Article 5(3b)(2) The bill is unambiguous and does not raise any interpretational doubts.
Where a decision to consider a maintenance debtor to be exempt from maintenance obligations becomes final, the competent authority of the debtor shall address the application to the principal to retain the maintenance debtor's driving licence, accompanied by a copy of that decision.
On the basis of the application in question Under section 3b, The governor shall issue a decision to detain the driving licence (Article 5(5) Act).
However, the driving licence detention authority cannot re-examine the material and personal situation of the debtor, since such circumstances should be pre-established in separate proceedings concerning the recognition of a maintenance debtor (such as the NSA in the judgment dated 14 October 2016, reference no. I OSK 287/15).
Source, WSA Białystok, reference no. II SA/Bk 242/19
Author: Michał Wasilenko
Lawyer, Senior Associate in the Legal Department, member of the Bar Association in Lublin, graduate of the Faculty of Law and Administration at Maria Curie-Skłodowska University in Lublin. He specializes in commercial and civil law law.