New Highway Code, Increased Fines and Protests from Civil Society

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Published by Marta Strinati on 21th November 2024

Disabled parking, fines tripled

The shortage of parking spaces dedicated to disabled people is not addressed by the new Highway Code. Instead, the penalty for the widespread bad habit of improperly occupying reserved parking spaces, even 'just for a few minutes' or by displaying a parking permit registered to a disabled family member who is not in the car, is increased.

From now on, anyone who parks, without having the right, in spaces reserved for cars of disabled people or parks in such a way as to obstruct passage through ramps, ramps and other dedicated paths risks a fine tripled compared to the past, up to 990 euros for cars and up to 660 euros for motorcycles and mopeds.

The undue occupation of a parking space assigned exclusively to a disabled person (space identified with assignment number) also risks being convicted of private violence, as established by sentence 17794/2017 of the Court of Cassation. (2)

Using smartphones while driving

The distraction is among the main causes of road accidents. The use of a smartphone while driving – which distracts attention with the continuous solicitations of notifications and calls – is therefore punished with:

– fine from 250 to 1.000 euros

– suspension of the driving licence for 7 days if you have at least 10 points remaining on your driving licence, for 15 days if you have less than 10 points remaining

– in case of repeat offences, the fine reaches 1.400 euros and the driving licence is suspended for up to three months, with a deduction of 8-10 points.

Driving and alcohol, up to two years in prison

Increased fines even for those caught driving under the influence of alcohol and psychotropic substances. Driving under the influence of alcohol is punished with increasing sanctions, in relation to the blood alcohol level:

– if the concentration is included between 0,5 and 0,8 grams per litre this constitutes an administrative offence with a fine of between 573 and 2.170 euros and suspension of the driving licence from 3 to 6 months

– driving with an alcohol level in your blood between 0,8 and up to 1,5 grams constitutes a crime punishable by a fine of 800 to 3.200 euros, suspension of the license from 6 months to one year and arrest of up to six months. Repeated violations within the following two years may result in the obligation to drive without traces of alcohol (with a limitation written on the license) and the installation of an 'alcolock' device on the vehicle. That is, a breathalyzer connected to the engine ignition system

– arrest from six months to one year, suspension of the driving license from one to two years and a fine from 1.500 to 6.000 euros, finally, if the blood alcohol level exceeds 1,5 grams per litre. In case of repeat offence within the following two years, revocation of the driving licence and confiscation of the vehicle.

Drug tests, immediate stop

Who tests positive for drugs is punished with the immediate suspension of the license, which can be extended for three years if the test result is confirmed.

The confirmation of the test carried out at the time of the roadside check (also on saliva) takes place in a health facility by sampling biological fluids. It is enough for the tests to reveal the presence of narcotic substances in the body to trigger the condition of driving under the influence of drugs, regardless of when the substances were taken and the psychophysical condition of the driver at the time of the check.

Road homicide, increased penalties

Driving under the influence of alcohol and drugs It is an aggravating factor that increases the penalty in the event of an accident resulting in death or serious injuries.

Road homicide caused in these conditions entails detention from 2 to 7 years, increased (from 8 to 12 years) in case of violation of road traffic regulations.

In case of fault for serious injuries, the penalty ranges from 3 months to one year in prison. Violation of traffic regulations increases the penalty, from 3 to 5 years in prison.

Speed limits and animal abandonment

Overcoming the limits speeding is henceforth penalized as follows:

– a fine from 173 to 694 euros, in case of exceeding the speed limit by more than 10 km/h and not more than 40

– fine from 543 to 2.170 euros and suspension of the license for up to three months for speeding between 40 and 60 km/h over the limit

– fine from 845 to 3.382 euros and suspension of the license from 6 to 12 months, in case of speed of more than 60 km/h compared to the limit.

Who abandons an animal on the road and causes a traffic accident risks up to 7 years in prison.

Speed cameras under control

The increase in sanctions for speeding is balanced by a complaint-proof survey of infringements.

Speed cameras – often contested and indicated as a tool for small municipalities to raise money – must be calibrated and maintained regularly.

The same infringement committed several times at the same time and on the same stretch of road under the jurisdiction of a single entity (Municipality, Province or State) may generate a single fine for the most serious violation, increased by a third.

The infringement repeated in ZTL (limited traffic zones) and pedestrian areas, however, can generate only one fine per day.

Zone 30 and ZTL to the prefects

The establishment of limited traffic zones (ZTL) can also be proposed outside of inhabited centers in areas protected by UNESCO, but only with the consent of the prefect.

The creation of zones with a speed limit limited to 30 km/h instead it is only permitted if 'particular conditions' are present. The power to establish them is thus taken away from the Municipalities.

Scooters, helmets and insurance

The new Highway Code introduces rules that demolish the identity of the scooter, intended as a sustainable micromobility tool without fixed costs.

From now on To move around on a scooter it becomes mandatory:

– the use of helmets for everyone, including adults

– registration of the vehicle with a small license plate, similar to that of scooters

– the subscription of a third party liability insurance.

Circulation by scooter it is then restricted to urban areas only, on roads with a speed limit of up to 50 km/h. Without any exemption for extra-urban cycle areas.

No sensors for trucks

A preferential treatment instead it is reserved for drivers of heavy vehicles. The Italian Parliament has not introduced the obligation to install a sensor to detect the presence of pedestrians or cyclists in the blind spot. A device that could have avoided the chain of deaths that occurred in Milan in recent months.

To protect cyclists, Instead, it is specified that to overtake them it is necessary to maintain a lateral distance of at least 1,5 metres, if the road allows it.

More powerful cars for new drivers

New drivers will be able to drive more powerful cars: the power/tare ratio is raised from 55 to 75 kW/t. The limitation remains in place for the first three years of driving, instead of one.

One year to rewrite the rules

The new highway code It was approved by rejecting the 350 amendments proposed in Parliament by the opposition and will come into force after promulgation by the President of the Republic and publication in the Official Journal.

The article 35 of the new law delegates the government to review the text within the next 12 months. A huge task, necessary to align the Italian rules with the European and international dictates and also useful to incorporate some amendments rejected only to speed up the approval of the text. An example: the exclusion of people who use therapeutic cannabis from the punishability for driving under the influence of drugs.

Protests against the 'massacre code'

The many associations of the relatives of road victims and of environmentalists, primarily, – who mobilized against the new highway code, under the slogan 'Let's stop the code of massacre' – highlight that the new text;

- 'limits the autonomy of mayors

– makes controls more difficult

– does not counter excessive speed

– hinders the development of urban cycling

with only one expected result: less road safety'.

More information are available on the website codicedellastrage.it, where it is possible to sign the petition that asks for a complete shared revision of the Highway Code. (3)

Marta Strinati