Poland

1. Is the testing of AVs (SAE Levels 3-5) permitted on public roads in your jurisdiction?

Level 5:  Testing Level 5 AVs on public roads in Poland is not permitted as the presence of a person to take control of the vehicle is necessary, even for testing purposes. 

Level 4: Testing Level 4 AVs on public roads in Poland is permitted under certain circumstances, subject to compliance with strict procedures and provided that a test driver can take control of the vehicle at any time.

Level 3: Testing Level 3 AVs on public roads in Poland is permitted under certain circumstances, subject to compliance with strict procedures

2. Are consumers permitted to use AVs (SAE Levels 3-5) on public roads in your jurisdiction?

No, consumers are not currently permitted to use Levels 3-5 AVs on public roads in Poland. 

3. Who has liability for damages caused by a car in automated driving mode?

The existing general liability regime that applies to all cars on the road in Poland currently applies to AVs, as there are no liability rules specific to AVs. 

Owner: The vehicle possessor (including registered owner) would be liable for damages caused to persons or assets by a vehicle propelled by natural forces, this meaning a vehicle powered by an engine-own propulsion system. The vehicle possessor will be exempt from liability if the cause of the damages was force majeure, fault of the person who suffered the damage or if the damages were solely caused by a third party. 

Driver / operator: See above. The actual driver of the vehicle is considered to fall under the term vehicle possessor. 

Manufacturer: There are no legal provisions that specifically apply to liability for damages caused by a car in automated driving mode. However, the manufacturer could, based on general liability laws, be held liable for its negligent actions if it led to a structural error of the vehicle. (The injured party would have to prove fault). The manufacturer could also be liable under liability damages for hazardous products, which are moveable goods and carry strict liability regardless of fault.

4. Are there any specific mandatory insurance requirements for AVs?

Test organisers must have insurance for civil liability in case of damages arising in connection with the testing of AVs. 

5. Is there general liability based on warranty claims against the manufacturer for AVs?

We are not aware of any legal requirements in Poland that apply specifically to warranty claims in respect of AVs. However, there is existing general liability based on warranty claims against the manufacturer of the AV. 

Picture of Tomasz Koryzma
Tomasz Koryzma
Partner
Warsaw
Paulina Komorowska
Senior Associate
Warsaw
Agnieszka Starzynska
Agnieszka Starzyńska
Senior Associate
Warsaw