"185 Days" Requirement for Applying a Driving License in Poland (Detailed Research)

I meant to convert my driver's license to a Polish one, but I was refused to be issued a PKK in that I've been in Poland for only one month. The officer said I can apply again five months later. But I don't think the laws and regulations require that. This is my research. Is it logical? Corrections are welcome!

1. Original text of the law.
Google translation:
alerted to the criminal liability for testimony untruth or concealing the truth declares, that resides in the territory of the Republic of Polish for at least 185 days in each calendar year because of their personal or professional ties, or if it is not associated with a place professionally, that resides on territory of the Republic of Polish with the intention of permanent residence or presents a certificate that is studying at least 6 monthly.

Officer's Opinion: An applicant must have been staying in Poland for at least 185 day, that is six months.
My opinion: It's simple present tense. So an applicant only need to live in Poland for at least 185 days in each calendar year from now and not has to be there in the past.

2. Legal basis.
In an reply to an interpellation(No.23912) made by SEJM, it's confirmed that "the rules for issuing license to drive vehicles in the European Union are governed by the provisions of Directive of the European Parliament and Council Directive 2006/126 / EC on driving licenses."

The directive only requires an applicant to be a normal resident in the country. Article 12 defines normal residence as "For the purpose of this Directive, 'normal residence' means the place where a person usually lives, that is for at least 185 days in each calendar year, because of personal and occupational ties, or, in the case of a person with no occupational ties, because of personal ties which show close links between that person and the place where he is living."

3. Others' interpretations
The Polish Information and Foreign Investment Agency (PAIiIZ) (paiz.gov.pl)
A brochuer named "Poland, a place to live and work" (paiz.gov.pl/files/?id_plik=9481) says:
"To obtain a Polish driving licence, a non-EU citizen should submit the following documents:
...
statement on the intent to stay in Poland for at least 185 days in a calendar year (statement is then attached to the application form);
..."

4. Logic
1) If the calendar year refers to the past.
Suppose a man has a valid visa for 186 days. If he goes to apply for a driver's license on the 186th day of his staying, will the officer approve him for a PKK? Is it the intention of the legislator? It's true that I'm not here last year, but I'm not applying for a driver's license which is valid for the past years.

2) To be extremely prudent and to the maximum extent of conforming to the essence of the law, I think the best interpretation of the year that requires "185 days to stay" should be in correspondent with the valid period of the driving license that is to be issued.

P.S.
Those who come from EU or other countries signed Geneva Convention may not have this dilemma in that they can use their own driver's license or with an IDP. But for me, six months no driving.

What are your individual circumstances? Have you been living in Poland before, or you just moved in?

Never trust Google translator. Where is the original Polish text?

cinek

Relaying on the present/continuous tense in a text machine translated to English from a language which doesn't have such a division (ok, we have perfective and imperfective verbs, but they are not alwas equivalent to the English simple and continuous tense) is a stupid idea.

The Polish text says: (removed text in Polish)

You have to actually live in Poland, which means:

- either you are in Poland for at least 185 days every year (it's not said that it has to be 185 days one after another, you just have to be in Poland for most of the year) because of your personal or professional relations, or intending to stay in Poland because of your personal relations,

- or you "stay regularly" (so it can be less than 185 days, it's enough that you regularly return to Poland) in Poland because of your personal relations and due to your professional relations you stay in at least two EU countries,

- or you stay irregularry in Poland for your personal relations because you stay in another EU country to do a limited-time professional task,
- or you stay in another country due to studies or school education.

But I would say that these conditions refer to a situation when you don't have a driving license at all rather than to a situation when you want to exchange a foreign driving license. They are mentioned next to conditions such as that you have made a diving course or that you have passed an exam. And it's obvious that they are not the case when you have already a foreign driving license. The point about exchanging a foreign driving license says:

(text in Polish removed)

(sorry for this weird quoting stye, there is an error in the forum which I reported already a few weeks ago, the admin said it's fixed, but it is actually still not fixed...)

It says that it's enough to file an application. And, in some cases, to pass a theroetical part of the offcial exam.

But it seems that the offices actually interpret it so that those conditions refer to exchanging a foreign driving license as well. Don't ask me why.

You must just live permanently in Poland. If you were in Poland for at least 185 days within the last year, they shouldn't make any problems. In other cases - well, as you have written, no regulation says that you actually must have already been in Poland for 185 days, it may be your intention.

In my opinion - actually it is so that they cannot refuse registering you in the PKK system once you sign this paper. What they can do is check after a year if you actually stayed in Poland for at least 185 days within a year around the moment of signing that paper and take you to jail if it's not so.

What country are you from, so that they don't even issue IDP there?

I moved here in late May 2016. It's my first time here. I'll work here for several years.


isap.sejm.gov.pl/DetailsServlet?id=WDU20110300151

Cinek, you can download the third PDF file. In art.11 :)


Thank you so much kpc21!
I think art.14 (Exchanging) applies to my case. And totally agree with you that even if exchanging a license would require staying here for 185 days, they shouldn't refuse me if I had signed the statement

um.warszawa.pl/sites/default/files/2016-06-07_oswiadczenie_zlozone_w_trybie_art_11_ust_1_pkt_5_10.pdf

I come from China(PRC). No IDP.

I'll try again with all my "evidence". Thank you all!