Abstract

The aim of this article is to draw attention to the issue of refraining from imposing administrative fines for violations under the Road Transport Act. A closer examination of this matter is justified due to the prevailing view in administrative court rulings that the grounds for excluding liability, as specified in Articles 92b and 92c of the Road Transport Act, are equivalent to refraining from imposing a penalty. The consequence of adopting this view is the inability to apply the general grounds for refraining from imposing a penalty, as outlined in Article 189f of the Code of Administrative Procedure, to administrative offenses under the Road Transport Act. This results from the wording of Article 189a §2 of the Code of Administrative Procedure, which states that if separate provisions regulate refraining from imposing an administrative fine or issuing a warning, the provisions of the Code of Administrative Procedure in this regard do not apply. In my opinion, equating the grounds for excluding liability with the grounds for refraining from imposing a penalty is obviously incorrect. However, given the number of rulings that have reiterated this view, an explanation is necessary.