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Posts by Einstein  

Joined: 19 May 2014 / Male ♂
Last Post: 12 Oct 2023
Threads: Total: 7 / In This Archive: 6
Posts: Total: 54 / In This Archive: 38

Displayed posts: 44 / page 1 of 2
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Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@pawian
Is a 500zł fine and a chance of my car being towed the worse possible penalty? Seems small in comparison to the 3,000+ zł it would cost to hire a lawyer to take the issue to the administrative courts.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

If I were you, I would take the matter to the Administrative Court

I will if I have to but that would likely take 4-6 months to resolve and I need a diving license now.

I sent a letter to the head of the driving license department. I guess I could try sending another letter to the head of the Powiat Pruszkowski but they would likely just forward it to the driving license department.

@dovla
I already tried that but when they replied after two months of waiting they refused to issue the letter.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@cms neuf
Yes I sent a letter to the head of the department but only received a general reply which shows that he didn't even read my letter. I have hired a lawyer to help but it is a slow complicated process.

@dovla
I showed them my zameldowanie paper when I first tried to get the license and they didn't seem to consider it proof of anything. The zameldowanie is only valid 3 months each and there were some gaps in between, but the office didn't take issue with this and simply demanded to see my kata pobytu or wisa.

What's the hold up on the karta?

They made a mistake in calculating whether or not I was legally in Poland on the day I submitted the application, and now that they realized their mistake they sent my application all the way back to step 1 and are asking for the same dozen or so documents that I already gave them a year ago. They seem to look for every tiny excuse to deny the application.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@Ziemowit
They said that they require a karta pobytu or visa to issue the license. I then told them that I am still waiting for my karta pobytu and that as an American it is impossible to get a visa because Americans are allowed to be here without visas. I then explained to them that their dziennik ustaw allows for a "karta pobytu, wisa, lub innego dokumentu" and presented my passport containing a stamp from the foreigners office as an "other document". They then said that they cannot accept my passport as an other document because "it isn't polish".

I have lived in Poland legally for 4 years and can prove this fact in several different ways. The office is making up their own rules which are not at all consistent with what the law actually says.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@Ziemowit
I can prove that I stay in Poland 185+ days each year via the stamps in my passport, travel receipts, and rental agreement. As an American I am allowed to reside in Poland as long as I want, as long as I leave every 90 days to cross a border and come back. This is even written on the Straż Graniczna website.

Even without a karta pobytu I am technically a resident of Poland simply because I legally live here 185+ days per year and as such I pay income tax to Poland on my worldwide income.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@mafketis

Not yet. But nowhere in the law is it written that a karta pobytu is required to get a driving license. It simply states that it is required to " stay on the territory of the Republic of Poland for at least 185 days in each calendar year", which I do.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

Actually in my experience the police can be quite understanding. I once went on a 2,600 kilometer trip through three countries without any license plates on my car (they were lost by the shipping company). The police stopped me five times but let me go without any consequences once I proved that it is my car.
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@cms neuf
I'm not trying to take any shortcuts; I have done everything I am supposed to do and they still won't give me the license.

1. I obtained my zameldowanie and PESEL
2. I passed my medical exam
3. I applied for a PKK number and received it
4. I passed the theory test
5. I completed my driving course
6. I passed the practical exam
7. I paid the driving license application fee
Einstein   
22 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

@Dougpol1
I cannot renew my old license because I am no longer a resident of the jurisdiction where it was issued. And I can't get a license in my new home because the Polish authorities are intent on imposing their own arbitrary rules even though I absolutely 100% meet the requirements for driving license issuance as specified by the law.
Einstein   
21 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

I'm not asking about a banned driver, just someone driving with an expired license. What would happen if the police noticed, and weren't feeling particularly tolerant?

he police are now fitted with cameras in cars and some police evn have body cameras - so you can forget about any bribing....

Since when is this? In mid 2018 I was stopped by the police near Warsaw and they made it quite clear that they wouldn't mind letting me go for some cash.
Einstein   
21 Aug 2019
Law / Penalty for driving on expired license in Poland? [30]

In Poland what happens if a foreigner is stopped while driving and the police notice that their non-EU driving license expired a few months ago? I read that the law allows a fine of up to 5,000 zł with a driving ban if it happens more than once. Is this true? What is the chance that the police would let them go with just a warning or take a 100 zł bribe rather than dealing with the paperwork of issuing the fine?

My experience of driving in Poland for 4 years is that the police never want to bother with giving a mandat to a foreigner. I have been stopped by the police 8 times for speeding or making an illegal turn. 5 times they let me go without paying anything, and 3 times they hinted that they would accept a bride and took 100zł. Not once did I have to pay a fine.
Einstein   
15 Feb 2019
Classifieds / Recommendations for accounting firm for US/PL atx forms? [NEW]

I am looking for a Polish accountant or accounting firm which can prepare my US and Polish tax forms. I have income from both countries and am having difficulty finding an accountant familiar with the process of reporting foreign income. Any recommendations would be appreciated.
Einstein   
14 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

I also noticed the checkpoint at Kostrzyn nad Odrą. I simply turned around and used a different bridge to cross. The Copenhagen-Malmo border also had an extra control when I was there last year. I've never noticed any at airports however, have you?
Einstein   
13 Feb 2019
News / CHERNOBYL...threat to Poland? [29]

I was at Chernobyl three years ago. And there are people who live just a couple kilometers away.
Einstein   
13 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Where were the random controls?

My passport has over 60 stamps in it now and it often takes the border guards several minutes just to locate the most recent stamp, let alone calculate the number of days between entries and exits. Most of them don't bother and pickup their stamp as soon as they see I have an American passport. But every now and then I'll encounter a border guard who wishes to be thorough.
Einstein   
13 Feb 2019
Law / Getting a Poland permanent residence permit on the basis of forever waiting for a temporary residence permit? [2]

I have lived in Poland for 3.5 years already and am on my 3rd attempt at getting a temporary residence permit. Each time I apply the foreigners' office takes almost an entire year to issue a decision, eventually coming up with some excuse as to why they cannot grant the permit. And each time they deny the application I submit a new application and get a new stamp in my passport from them, thereby extending my legal stay in Poland (although I could also just rely on the US-PL bilateral agreement).

My question is, if this cycle continued for another 6.5 years, would I then be eligible for a permanent residence permit, even though I never would have had a temporary permit? The conditions for granting the permanent permit simply say I must have legally resided in Poland for ten years.
Einstein   
13 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Yes you are right, I was referring to non-Schengen borders. But of course the Schengen borders do not have passport control (with a few exceptions now) so the risk of being caught overstaying is close to zero.
Einstein   
13 Feb 2019
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Here is a link to an article on the Straż Graniczna website which clearly states that America citizens can enter Poland for any 90 day period and reset the 90 day timer by simply crossing the border and coming back: strazgraniczna.pl/pl/cudzoziemcy/najczesciej-zadawane-py/5012,15-Jestem-obywatelem-Stanow-Zjednoczonych-Ameryki-USA-jak-mam-obliczyc-dlugosc-d.html

I have a printed copy of this webpage with me whenever I cross any Polish border and I suggest that other Americans in Poland do the same. The border guards aren't going to ignore the rules written on their own website.
Einstein   
11 Feb 2019
Law / How to exchange almost expired USA driving license for Polish license? [16]

Update: Starostwo Powiatowe in Pruszków refuses to issue me driving license

After passing my theory and practical driving exams, I went to the district office in Pruszków today to pickup my driving license. I paid 100.50 PLN as instructed by the woman at the desk, but she then refused to give me my license claiming that I must hold a karta pobytu or visa. When I explained to her that American citizens do not need a visa to enter Poland and that I have lived legally in Poland for 3 years she explained that the stamps in my passport, both from the foreigners' office and from the border guards, are not acceptable and only a karta pobytu or visa is acceptable.

This goes against the advise given to me in an earlier post by @Atch , as well as justaskpoland.com/polish-driving-licence/ , which state "As far as I know you don't need a residence permit." and "A Polish driving licence can be issued for a person who declares Poland as their place of residence, being forewarned of accountability before the law for false statements. That applies to a person who spends a minimum of 185 days of every year in Poland. " respectively.

Can someone please clarify the situation, and ideally mention the exact Polish laws where it is written whether or not a karta pobytu is required to obtain a license?

I reside in Poland legally on the basis that I am waiting for the foreigners' office to issue a decision on my temporary residence permit application, and on the basis that it has been less than 90 days since I last entered the country. I have a PESEL, a zameldowanie, and I pay taxes to Poland on my worldwide income.

Article 11 of this Polish law: Dz.U. 2011 Nr 30 poz. 151 prawo.sejm.gov.pl/isap.nsf/download.xsp/WDU20110300151/T/D20110151L.pdf
states " 5) stays on the territory of the Republic of Poland for at least 185 days
in any calendar year because of their personal ties or
professional or provide a certificate that he / she is studying at least from 6
months.
" without any mention of a residence permit being required. Is this correct? Should I print out this law and take it back to the district office? To whom can I appeal if they still refuse to give me my driving license?
Einstein   
21 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

Thank you, I read this article and it is helpful. I see in this section it doesn't mention anything about being required to take lessons. So can I just skip to the exams? Google didn't seem to have this answer either.

"Apply for a Polish licence
In order to do that, four conditions need to be fulfilled.

You need to be a resident of Poland.
You need to meet the age requirements for the category you want to obtain.
You need to pass medical tests.
You need to pass a theoretical and practical driving exam."
Einstein   
21 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

Ok so it sounds like it will likely be easier to just get a new license rather than exchange my USA license. I won't have to pay for a sworn translation of my license and don't have to worry about the USA and Poland not communicating.

Can I just walk into the Urzad and tell them I want to take a driving test and get a license? Or I should make an appointment somehow?
Einstein   
20 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

@MoOli

Can't I submit the medical exam when I exchange my license, and then the new Polish license I get will be valid for longer than 3 weeks?

The international driving permit is simply a translation of the license; AAA won't give me another one if my license is only valid for 3 weeks. And I can't renew my USA license or I will face state income tax consequences.
Einstein   
20 Sep 2018
Law / How to exchange almost expired USA driving license for Polish license? [16]

I have a USA driving license that expires in 3 weeks and am trying to figure out how to replace it here. I have lived in Poland legally for 3 years but do not have a residence permit (still waiting for appeal from foreigners' office). I have a PESEL and zameldowanie.

What exactly must I do to exchange my license for a Polish license?

Do I need a sworn translation of my USA license? Or an expired IDL will work?
Do I need a medical exam? If so where do I go for it?
Will the give me the Polish license right away, or I must wait days or weeks while not being able to drive?
Einstein   
12 Jun 2018
USA, Canada / Bilateral Visa Waiver Agreement between USA and Poland [47]

Has anyone here actually tried to get a signed letter from the foreigners' office or border guard that confirms the US-Poland bilateral agreement is in force and allows Americans to enter Poland for any 90 day period regardless of the number of days on their Schengen counter?