The new law marks a turning point in Italian road safety legislation. Specifically, the new provisions decisively address issues such as driving under the influence of substances and the misuse of mobile devices, introducing harsher penalties and radical preventive measures.
Below are the main measures, penalties, and news not only limited to drivers of motor vehicles, but also to any other driver of means of transportation qualified by the Highway Code as a vehicle.
1. Increased safety and zero tolerance for those driving under the influence of alcohol and drugs
Driving under the influence of alcohol (Article 1(1)(a) of the Act, amendments to Article 186 CDS):
- new comma 9-ter Art. 186: drivers convicted of the offences referred to in paragraph 2, letters b) and c) of art. 186 of the Highway Code (i.e., driving with a blood alcohol level of between 0.8 and 1.5 and over 1.5, respectively) are always required to have the Union codes ‘LIMITATION OF USE - Code 68. No alcohol' and ’LIMITATION OF USE - Code 69. Restricted to driving vehicles equipped with an alcolock device in accordance with EN 50436. This prescription remains on the driving licence, except for a longer period imposed by the medical commission on the occasion of the confirmation of validity, for a period of at least two years in the cases provided for in paragraph 2, letter b), and at least three years for those referred to in paragraph 2, letter c), of this Article, starting from the return of the licence after the conviction.
- new comma. 9-quater Art. 186: The fines shall be increased by one third in the case of a driver who is under the aforesaid prescription or the alcolock was tampered.
Driving under the influence of drugs (Article 1(1)(b) of the Act, amendments to Article 187 CDS):
In order to test positive it will be sufficient drug saliva test, without the need to also prove the state of psycho-physical alteration.
Breaches in case of alcolock (Art. 3 of the Act, new para. 3-quater Art. 125 CDS):
The holder of a driving licence bearing the Union codes for ‘USE LIMITATION - Code 68. No alcohol' and ’USE LIMITATION Code 69. Restricted to driving vehicles equipped with an alcolock type device in accordance with standard EN 50436’, referred to in Annex I to Directive 2006/126/EC of the European Parliament and of the Council of 20 December 2006, circulating on the road under conditions other than those indicated by the same Union codes, is subject to the sanctions referred therein . Such sanctions are doubled when the holder of an Italian driving licence on which the above-mentioned Union codes 68 and 69 have been affixed drives without the blocking device, or with an altered, tampered with or inoperative device, or from which the prescribed seals affixed at the time of installation have been removed.
2. New penalties and preventive measures
Tightening of penalties for speeding (Article 4(3) of the Act, amending Article 142 of the CDS):
Anyone exceeding the maximum speed limits within a built-up area by more than 10 km/h and by no more than 40 km/h on at least two occasions within a year, in addition to the administrative fine of 173 to 694 euro already provided for by the Code in the case of exceeding these limits, will have to pay an additional fine of 220 to 880 euro with suspension of the driving licence from 15 to 30 days.
Use of the mobile phones at the wheel (Article 4(3) of the Act, amending Article 173 CDS):
The fine for anyone using a mobile phone, laptop, notebook, tablet and similar devices while driving is increased from EUR 165 to EUR 250 up to a maximum of EUR 1,000 (previously EUR 660), in addition to which the driving licence is suspended from 15 days to two months.
Automatic control devices (Art. 10(1) and (2) of the Act, amending Art. 142(6-ter):
In cases of detection of several violations committed by the same vehicle on stretches of road falling under the jurisdiction of the same authority within one hour, the administrative sanctions provided for the most serious violation increased by one third, if more favourable, shall apply.
Penalties (Article 26 of the Act):
The surcharge on administrative penalties for breaches of the provisions of the Highway Code may not exceed three fifths of the amount of the penalty itself (amendment to Article 27(6) of Law No. 689 of 24 November 1981 ‘Changes to the Criminal System’).
3. Kick scooters: New rules for safety and movement
(Art. 14 co. 1 and 2 of the Act, amendments to comma 75-75-vs. of Art. 1 of Law No. 160 of 27 December 2019 - Budget Law 2020):
- the operator of the kick scooter service shall installs automatic systems that prevent the operation of scooters outside the areas of the city where they are permitted;
- the circulation of scooters without a certificate of insurance or an insurance coverage is prohibited;
- parking kick scooters on the road pavement is prohibited;
- administrative sanctions ranging from EUR 200 to EUR 800 for riding a scooter without lighted turn signals and brakes on both wheels;
- administrative sanctions ranging from EUR 100 to EUR 400 for anyone riding a scooter without a sticker or insurance cover;
- anyone circulating with a micro electric mobility device, other than a scooter, with non-compliant technical and constructional characteristics is subject to an administrative sanction of between EUR 200 and EUR 800.
4. Other provisions
Recall campaigns (Art. 12 of the Law, amendment to Art. 80 bis CDS):
Vehicle manufacturers shall ensure the immediate adoption of appropriate corrective and information measures in relation to all vehicles of categories M, N and O (i.e. those for the transport of persons, goods and trailers), placed on the market or registered or which have entered into circulation in the national territory or the European Union, for which the presence of a serious risk for the health or safety of persons has been assessed.
In the event that the corrective, information and updating measures described above are not carried out, the manufacturer will be fined an administrative pecuniary sanction ranging from 10,000 euro to 60,000 euro for each measure not adopted, while those who circulate with a vehicle included in the aforementioned telematic list will be subject to the sanctions provided for in Article 80, paragraph 14 of the Cds for the case of violation of the provisions on roadworthiness tests.
Circulation limit:
The circulation of motorbikes with a cylinder capacity of not less than 120 cubic centimetres if powered by an internal combustion engine or not less than 6 kW if electrically powered only if driven by a person adult shall be granted on the motorways and high way roads.
The main changes examined above represent an important step towards improving safety on Italian roads. However, not all the new features introduced by the law are immediately operational.
In fact, many of them will have to be regulated by implementing decrees to be issued in the coming months, as they require the indispensable implementation decrees of the Ministry of Infrastructure and Transport and the other competent ministries to be operational.
Contact our experts if you need any more information: Matteo Cerretti, Andrea Corbo, Laura Barletta
