
How the new traffic law changes
The new Traffic Law is committed to the future by including references to the environment and autonomous vehicles in its articles. The number of points to be deducted for carrying a mobile phone in the hand is increased from 3 to 6 and from 3 to 4 for not wearing a seat belt. The 0.0 rate is introduced for underage drivers. The possibility for cars and motorbikes to exceed the speed limit by 20 km/h on conventional roads when overtaking other vehicles is abolished. The period of time that must elapse without committing offences that deduct points before a driver can recover his or her initial points balance is unified at 2 years.
The new Traffic Law also affects the essential elements of road safety such as distractions, speed, alcohol and non-use of seat belts. With this new Traffic Law, the number of points to be deducted in certain precepts has been increased, without increasing the economic amount.
At Euriux Abogados, as specialists in accidents and insurance companies, we present the new amendments.
Distractions in Traffic Law
The number of points to be deducted for using mobile phone devices while driving is increased from 3 to 6. Since 2016, distractions at the wheel have been the leading cause of fatal accidents.
Safety belts and protective devices
It increases from 3 to 4 the points to be deducted for not using, or not using properly, seat belts, child restraint systems, helmets and other mandatory protective equipment. 1 in 4 people who die in traffic accidents still do not wear a seat belt.
Speed
The possibility for passenger cars and motorbikes to exceed the speed limits by 20 km/h on conventional roads when overtaking other vehicles is abolished.
2 out of every 3 fatalities occur on conventional roads. In 2019, the reference year, there were 239 fatalities in head-on collisions on this type of road. This is in line with the Safe System principle of eliminating or reducing risks and overtaking is one of them.
Alcohol
Underage drivers driving any vehicle may not drive with an alcohol level of more than 0.0, both in blood and in exhaled air. This offence remains unchanged and is still classified as a very serious offence: a fine of 500 euros.
Cyclists
The safety of cyclists is increased by making it compulsory, on roads with more than one lane in each direction, to change lanes completely when overtaking cyclists or mopeds. In addition, the number of points to be deducted when overtaking cyclists without leaving the obligatory minimum separation of 1.5 m is increased from 4 to 6. It is also forbidden to stop or park on cycle lanes or cycle paths.
Recovery of licence points
The period of time that has to elapse without committing infringements that deduct points before a driver can recover his initial points balance is unified at 2 years.
Until the adoption of the reform of the Law, this period varied according to the seriousness of the offence committed. It has been simplified to make it easier to understand and communicate.
Safe and efficient driving courses
It will be possible to recover 2 licence points by taking safe and efficient driving courses. A Ministerial Order will develop the necessary requirements and the conditions to be met.
These courses are becoming established as good practice and provide additional training for drivers.
Objects on the track
From a serious to a very serious offence, throwing objects on the road or in the vicinity of the road that could cause accidents or fires. This offence entails the loss of 6 points and a fine of 500 euros.
Motorcyclists
The use of wireless devices certified or approved for use in the protective helmet of motorbike and moped riders for communication or navigation purposes is authorised, provided that it does not affect driving safety.
Low Emission Zones
A new serious offence is introduced, with a 200 euro fine for not respecting the traffic restrictions resulting from the application of the protocols for pollution episodes and low emission zones.
The Climate Change and Energy Transition Act obliges municipalities with more than 50,000 inhabitants to establish Low Emission Zones by 1 January 2023.
Fraud in driving licence tests
The use of intercommunication devices not authorised by law in tests for obtaining and recovering driving licences or permits or other administrative authorisations to drive, or collaborating or assisting with the use of such devices, is introduced as a very serious infringement punishable by 500 euros. In addition, the applicant may not take the licence tests again for a period of 6 months.
Anti-starting breathalyser (alcoholock)
From 6 July 2022, drivers of vehicles used for the carriage of passengers by road, which are fitted with an interface for the installation of anti-starting breathalysers, will be obliged to use these devices.
European legislation, Regulation (EU) 2019/2144, makes it compulsory for vehicles type-approved as of 06/07/2022 and registered new as of 06/07/2024 to carry this interface.
Read More