Italy's New Road Traffic Code: Sweeping Changes and Doubts Over Effectiveness in Reducing Fatalities

Italy - Ekhbary News Agency

Italy's New Road Traffic Code: Sweeping Changes and Doubts Over Effectiveness in Reducing Fatalities

In a significant move to address the alarming rise in road accidents, which tragically claim the most lives among Italians under 29, the Italian Chamber of Deputies has passed a new bill to reform the Road Traffic Code. The legislation now proceeds to the Senate for further deliberation and final approval. These reforms are a response to growing public demand for stricter traffic regulations, yet they also raise critical questions about their potential to achieve the primary objective: a reduction in road deaths and injuries.

Among the most notable changes is the toughening of measures against drunk driving. Beyond existing sanctions, motorists found to be severely intoxicated will be mandated to install an 'Alcolock' device in their vehicles for a period ranging from two to three years. This electronic system prevents the engine from starting if even a trace of alcohol is detected on the driver's breath, representing a proactive step to deter repeat offenses.

Regarding driving under the influence of narcotics, Article 187 of the code is being modified. Currently, prosecuting such offenses requires demonstrating the driver's psycho-physical impairment at the time of the check. However, the proposed amendments, if passed by the Senate unchanged, will suffice with a positive drug test. These tests can detect drug use from several days prior, as traces remain in the blood and saliva. In light of recent developments, such as Germany's liberalization of soft drug use, there's a particular need to advise German tourists to abstain from using such substances for a considerable period before traveling to Italy.

The bill also strengthens penalties for drivers caught using mobile phones. While current laws impose fines from €165 to €660, five penalty points, and potential license suspension for repeat offenses within two years, the reform escalates these sanctions. License suspension can now extend up to 120 days: a combination of 90 days potentially issued by prefects and an additional 30-day 'mini-suspension' that law enforcement can impose if the driver is caught committing another infraction while using a phone, has fewer than 20 points on their license, or causes an accident. However, catching drivers in the act of using phones remains challenging, as the law does not permit the use of electronic devices for detection, relying solely on direct visual observation by officers or post-incident investigations. The 'mini-suspension' also applies to other offenses like ignoring no-passing zones, driving against traffic, failing to yield, running red lights, seatbelt/child seat violations, and dangerous parking. The deterrent effect in these cases is limited, as it requires officers to witness the infraction directly and applies to a small percentage of drivers (only about 2% have fewer than 20 points on their license).

A contentious aspect of the reform concerns new drivers. Currently, novice drivers are restricted to vehicles with a power limit of 55 kW/t for the first year. The new legislation, however, permits them to drive more powerful cars of up to 75 kW/t immediately and for three years. Critics argue this is a step backward in road safety, especially given that road accidents are the leading cause of death for young people.

The approach to speeding violations appears notably lenient. If multiple speeding offenses occur within an hour on the same stretch of road managed by the same authority, only one fine will be issued, increased by one-third. For instance, driving consistently at 169 km/h between Milan and Bologna would trigger multiple detections but result in a single €230 fine (reduced to €161 if paid within five days). This measure is criticized as being "anti-Tutor" (antitutor), undermining the effectiveness of speed monitoring systems and disregarding the risks imposed on other road users.

The intention to hinder the use of electronic monitoring devices is further evidenced by an amendment to the bill's initial text. A provision allowing the use of devices that were merely 'approved' rather than 'homologated' (officially certified) was removed. This follows a recent Supreme Court ruling (Cassazione) deeming unhomologated devices invalid. While the Ministry of Infrastructure and Transport (MIT) had previously considered approved and homologated devices equivalent in function, this change could lead to a surge in appeals against speed camera fines, potentially overwhelming municipalities.

Furthermore, the upcoming 'autovelox decree' from the MIT is set to introduce additional restrictions on speed cameras. While accusations of revenue generation persist, the decree mandates that all speed cameras must be authorized by the prefect and justified by the need to reduce speed in accident-prone areas. Data from the 14 largest metropolitan areas indicates speed cameras generated €73.3 million, with 50% allocated to road maintenance, public lighting, enhanced controls, and road safety education. The new decree will restrict camera placement to locations where officers cannot feasibly stop vehicles roadside. Additionally, depending on the road type, cameras won't be allowed where the speed limit is more than 20 km/h below the general maximum. This means on roads with a 110 km/h limit, automatic detection below 90 km/h will be prohibited, and on provincial roads with a 90 km/h limit, detection below 70 km/h will be banned. Cameras not meeting these criteria must be removed or deactivated. In urban areas, cameras will be forbidden where speed limits are below 50 km/h, requiring police presence to enforce lower limits like 30 km/h near schools or hospitals.

Municipalities will also need to justify the establishment of new 30 km/h zones to the MIT. Extensive research and experiences from other European cities demonstrate that reducing urban speed limits to 30 km/h can halve road fatalities, without significantly slowing traffic, and reduce noise pollution. Despite these proven benefits, the expansion of 30 km/h zones and automatic speed monitoring faces considerable opposition.

Ultimately, the new regulations seem to suggest a more lenient approach to speed limit violations, viewing them more as a matter for understanding than strict penalization. The reforms also include changes to bicycle traffic regulations, notably repealing a previous law that introduced dedicated cycle lanes.

Ekhbary News Agency