The draft reform introduces higher penalties for those who relapse or drive dangerously and reductions for those who behave virtuously
Customization of fines for motorists and motorcyclists is coming soon. The draft of the new Highway Code aims to overcome the logic of the fixed amount being the same for everyone and to introduce a mechanism that takes into account the behavior of the driver. In practice, two motorists who commit the same offense could pay different amounts: those who behave correctly could benefit from a discount of up to 50%, while those who are repeat offenders or adopt dangerous behaviors would risk an increase which, in the most serious cases, could double the amount of the fine. The text must be approved by the government by October 14th.
How the calculation of fines could change with the reform of the Highway Code
The principle is simple: just as happens with crimes, where circumstances can cause the sentence to go up or down, traffic fines would also become more “tailored”. The report, therefore, would no longer report a fixed amount that is the same for everyone, but an amount that could change depending on the severity of what happened, the vehicle used, who was behind the wheel and how the infringement occurred. Already today, for example, anyone who causes an accident or is stopped at night, between 10pm and 6am, risks a higher fine. The difference, with the reform, is that this mechanism would become the rule, no longer the exception. The number of sanctions would also change: from the current 82 they would decrease to 21, and the amounts would be rounded to multiples of 5 or 10 euros, to make them easier to consult.
When the fine increases: from 10% to double
The increases in sanctions would be gradual, proportionate to the conduct: the riskier the behavior, the higher the fine. We start with a 10% increase for those who commit some offenses on the motorway, for those who already have less than 20 points on their license or for those who repeat the same mistake within five years. The same group also includes new drivers who commit certain violations, those who drive very powerful cars (over 150 kW) and those who drive buses or heavy vehicles.
The increase rises to 20% for those who get behind the wheel after drinking or taking drugs, or for those who cause damage to the road with their conduct. It reaches 30% more if the infringement causes an accident without injuries, if you continue to drive despite having exhausted all the points on your license or if you transport dangerous goods. The fine increases by 50% for those who drive with a suspended license, with false documents, without a license plate or with an incorrect license plate, or with a seized vehicle. The most serious case, the one which doubles the amount, concerns those who start driving without ever having obtained a licence.
Discounts: up to 50% less, bonuses for those who use helmets and protections
But there is also the possibility of obtaining reductions of up to 50% of the fine amount. The most relevant news for motorcyclists concerns precisely this aspect: those who wear certain safety equipment could obtain a reduction in the fine. It is a criterion that rewards not only compliance with the rule violated but also the level of attention to safety demonstrated while driving. However, the already existing 30% discount for those who pay the fine within five days of notification remains confirmed, when no additional sanctions are foreseen.
What you need to know before the reform becomes operational
For now it is only a draft. The trade associations have until September 13th to propose changes, then the Ministry will have a month to write the definitive text, to be approved by October 14th. Then there is a practical question to consider: in most cases it will be the police, at the time of the check, who will decide whether to apply an increase or a reduction. In other situations, however, the motorist will have to demonstrate that he is entitled to the discount, after receiving the report. Clarifications could arrive on this aspect by the end of the process.
