Why are Belarusian driving licenses sometimes not exchanged for Polish ones without an exam? There's a legal conflict

Belarusian driving license, 2011 model. Photo: Dipservice.by

Belsat readers and Belarusians online have started reporting refusals to exchange Belarusian driving licenses for Polish ones: officials require them to pass a theoretical exam in Poland. This is not happening everywhere: most complaints are from Białystok, but some are also from other cities. Some are told that on December 16 or 17, 2025, "new regulations came into force: now you additionally need to pass theoretical tests." But Belsat reviewed the laws and found no grounds to require a theoretical exam.

Why it seems possible without an exam

The issuance and exchange of driving licenses in Poland are regulated by the Act on Vehicle Drivers (ustawa z dnia 5 stycznia 2011 r. o kierujących pojazdami). The latest amendments at the time of publication were introduced on October 17, 2025, and will come into force on March 3, 2026, but some of the changes have already taken effect on December 17.

According to the law, a person who holds a national driving license issued outside of Poland may, based on their application, obtain a Polish driving license of the corresponding category.

Passing the theoretical part of the state exam and submitting a certified translation of the foreign document is required if the foreign driving license does not conform to the model and scope of information required by the Convention on Road Traffic — the Vienna Convention of 1968.

Belarus, as the BSSR, acceded to this convention. Belarusian driving licenses fully comply with the Vienna Convention: their model was specifically changed in 2011 to align with the amendments to the Vienna Convention. They are recognized in other countries that have acceded to the convention, without the need for an additional international license (such a need exists in countries that have acceded to the Geneva, not Vienna, Convention).

Some Belarusians are told that Belarusian driving licenses are being criticized based on the Vienna Convention model, specifically because of the color of the licenses. Allegedly, the card must be pink. But this is an old requirement that was relevant until 2011.

In the current version of the Vienna Convention, it is stated that the license must "have the form of a document," may be made of paper or plastic, with preference given to a size of 54 x 86 mm and a pink color. Many European countries prefer lilac or combinations of pink with blue, green, or other colors.

Similarly, the criticism that the Belarusian licenses, under the inscription "Вадзіцельскае пасведчанне" (Driver's License) in large letters, have "Driving Permit" in English instead of "Permis de conduire" in French, is not relevant. The English inscription complies with the current version of the Vienna Convention.

Why it turns out not to be possible

The Transport Department of the Poviat Starosty (district executive committee) in Białystok answered Belsat's question by stating that Belarusian driving licenses are considered non-compliant with the Vienna Convention in the version current as of 1988. Over 38 years, the convention has been edited repeatedly, but in Poland, it was officially published only in 1988, and since then, updates have not been officially published.

It appears that convention updates in Poland are not considered law, while the law is an outdated version of the convention, which the Belarusian license does not comply with. Moreover, almost no driving licenses, including Polish ones, comply with the old version of the convention anymore.

Polish law makes an exception from the theoretical exam requirement when exchanging a driving license for individuals with licenses from EU member states, Switzerland, Iceland, Liechtenstein, and Norway. This means German or Lithuanian licenses will be exchanged for Polish ones, even if they do not comply with the outdated requirements.

Belarus is not on this list of exceptions, nor are Albania, the UK, Moldova, Serbia, Ukraine, and many other countries.

Why then are licenses recognized on the roads, but not by "executive committees"?

Belarusians drive in Poland with Belarusian driving licenses and do not receive fines for driving without a license. The same applies to Albanians, Britons, Moldovans, Serbs, or Ukrainians — with their national licenses, which comply with the current version of the Vienna Convention but do not comply with the outdated version published in Poland. How is this possible?

The Transport Bureau of the Ministry of Infrastructure of Poland explained it as follows:

A person holding a valid driving license issued in Albania, Belarus, the UK, Moldova, Serbia, or Ukraine may travel on the territory of the Republic of Poland, as these states are parties to the Vienna Convention. According to that convention, every national driving license issued by a contracting state is recognized by other parties to the convention as a document entitling the holder to drive motor vehicles in international traffic.

Driving licenses are not valid indefinitely when changing residence: a foreign license confirms the right to drive a vehicle in Poland for 6 months from the date of starting permanent or temporary residence. After that, it must be exchanged for a Polish one. This is stated in the Polish Act on Vehicle Drivers.

"The exchange of a foreign driving license for a Polish one constitutes a separate legal regime compared to its temporary recognition and is regulated exclusively by the provisions of national legislation," explained the Transport Bureau of the Ministry of Infrastructure.

Obtaining a Polish driving license is tied to the Polish Act on Vehicle Drivers and its subordinate legislation, but the recognition of a foreign license in Poland is tied to Poland's participation in the Vienna Convention. In Polish laws, an outdated version of the convention seems to be in force because updates have not been officially published, but Poland recognizes foreign licenses in accordance with its international obligations, and Polish driving licenses comply with the current version of the convention and the requirements of EU directives.

Why then do some people not need to pass a theoretical exam?

This is unknown. According to the answers from the Transport Department of the Poviat Starosty in Białystok and the Transport Bureau of the Ministry of Infrastructure of Poland, there is a formal reason to require a theoretical exam when exchanging a Belarusian driving license for a Polish one.

It is likely that Polish laws were not written with the aim of discriminating against Belarusians in obtaining a Polish driving license, and relevant officials were not sent instructions regarding the refusal of Belarusians based on different editions of the Vienna Convention. Perhaps only notifications about the latest amendments to the Act on Vehicle Drivers were sent, which do not directly mention Belarus, and upon receiving this notification, only some officials found a non-obvious reason to require a theoretical exam when exchanging a Belarusian license.

Article 91 of the Polish Constitution places ratified international treaties above national acts in case of conflicts with them. However, it seems that not all officials see the fact of a conflict between the current Vienna Convention and the requirements of the Act on Vehicle Drivers, with reference to the old version of the convention officially published in Poland. The Convention does not regulate the procedure for exchanging driving licenses in Poland.

Moreover, finding the current version of the Vienna Convention is not easy. The United Nations website contains the original 1968 convention and a list of amendments to it.

Amendments to the Vienna Convention are not adopted directly by the governments of all participating countries. According to the convention, any contracting country can propose an amendment, which is then circulated to the other parties. They have 12 months to accept, reject, or request a conference to consider the amendment. And even if an amendment is approved by a majority, each contracting country can, within a year, declare that it does not accept the amendment — and then the amendment will not apply to that country. The UN does not maintain a table of "country - amendment - approval or rejection"; there is only a long list of observations.

Thus, there is no consolidated version of the Vienna Convention "for all," nor is there a list of contracting countries with an indication of the versions in force in the legislation of those countries. Understanding which requirements of which version of the convention apply in a specific case is not easy.

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