According to the law, as “Auto Świat” reminds, the car should be maintained in a condition that does not pose a threat to road safety. The Polish Tire Industry Association (PZPO) reminds that tires are the only element connecting the vehicle with the road surface.
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During the inspection, the police check the condition of the tires, their approval, tread depth and possible damage. In the event of serious violations, such as driving with tires that pose a threat to safety, the officer may invoke Art. 97 of the Petty Offenses Code, which involves a fine of up to PLN 3,000.
Legal basis and experts' position
The legal basis for enforcing the proper condition of tires is Art. 66 of the Road Traffic Law, which obliges drivers to maintain the vehicle in a condition that does not pose a threat to safety. Driving on summer tires in winter conditions may be considered a violation of this provision, which is also confirmed by court judgments, including the jurisprudence of the Supreme Court.
Piotr Sarnecki, general director of PZPO, points out that the current regulations regarding the ban on driving on summer tires in winter are too restrictive and impose liability on drivers without clear definitions of this requirement.
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In his opinion, winter conditions should be precisely defined in the regulations, not necessarily through specific dates, but at least by indicating road conditions, such as snow, frost, ice, black ice or slush.
Car tires – what do Polish regulations say?
- The minimum tread depth is 1.6 mm (or according to the wear indicators in the tread grooves). So much for the theory, experts indicate that a winter tire should not have less than 4 mm of tread (summer – 3 mm) for safe driving.
- Tires on one axle must be of the same construction and have the same tread pattern.
- It is forbidden to drive on tires with visible damage, such as cracks, bulges, defects.
- Tires cannot protrude beyond the outline of the body.
- In addition, it is prohibited to use tires with permanently embedded anti-skid elements (so-called studs), and anti-skid chains on tires are only allowed on snow-covered roads.
Polish regulations, as “Auto Świat” reminds, do not impose an obligation to use winter tires within a specified period, but require that the vehicle be equipped with tires adapted to the prevailing conditions. During the inspection, police officers may pay attention to the condition of tires, and if they find that they do not meet safety requirements, they may impose a fine or withhold the vehicle's registration certificate.
Accident on summer tires – consequences for the driver
The condition of your tires can be crucial in the event of a road accident. PZPO emphasizes that the insurer, citing gross negligence, may reduce the amount of auto insurance compensation if the driver used inappropriate tires. In the case of third party liability insurance, compensation will be paid to the injured party, but the insurer may seek reimbursement of part of this amount from the perpetrator of the accident. This means that a driver who causes an accident on summer tires in winter may be liable for a significant portion of the costs.
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It is worth remembering that the proper condition of tires is not only a matter of safety, but also of potential financial consequences. Lack of proper tires during the winter season may result not only in a fine, but also in serious insurance problems in the event of an accident.
