On Tuesday, 12 March, negotiators from the European Parliament and the European Council concluded an informal agreement to strengthen cooperation between EU Member States in the cross-border investigation of traffic offences. This step is mainly aimed at closing the gaps in the collection of fines imposed on vehicles with foreign number plates, a phenomenon hitherto facilitated by a lack of coordination between states.
The announcement of this agreement, released through the official channels of the European institutions, marks the beginning of a path that will see the dossier submitted to the competent Parliamentary Committee for examination, then proceeding to approval in plenary by the Parliament and, finally, receiving the Council’s final consent. Subsequently, a 30-month window will open within which the member states will have to incorporate the directives into their national legal systems, adapting to make the legislation fully operational.
Although the path to final adoption may seem articulated and require time, its finalisation can be considered almost certain. Faced with this scenario, it is essential that Member States and citizens start making the necessary regulatory and logistical adjustments now, anticipating the entry into force of a measure that is considered fundamental for safety and road justice on a continental level.
Legislative background
The agreement reached on the cross-border exchange of data on traffic offences is a key piece of the broader EU legal framework on driving disqualification. The Parliament’s position, adopted last February, lays the foundations for a regime in which licence suspensions, whether imposed in one’s own country or in another, will be valid throughout the EU. This applies to offences defined by the law itself as ‘serious traffic offences’, such as exceeding the speed limit by more than 50 km/h, driving under the influence of alcohol or drugs, as well as cases where there have been traffic accidents resulting in death or serious injury.
These legislative measures are part of the larger package of laws, launched by the Commission in March 2023, whose aim is to raise the level of safety for all road users. By harmonising traffic regulations and updating the rules on driving licences on a transnational scale, the package aims to respond to long-standing issues such as the shortage of professional drivers and the urgent need to reduce the number of victims of road accidents across Europe, with the ultimate goal of zero fatalities by 2050.
Current situation and proposed changes
To date, about 40% of cross-border traffic offences have been committed with impunity, either because the offender was not identified or because payment was not made. Referring to the topic, European Parliament rapporteur Kosma Złotowski said: “A foreign number plate cannot be a licence for impunity on the road. The updated rules will facilitate the exchange of information on road offenders between Member States, while ensuring that drivers have easy access to the necessary information through digital communication channels”.
The agreement provides for stronger assistance procedures between EU countries and the obligation to cooperate in the search for the perpetrator of a traffic offence. The agreement obliges EU countries to respond to a formal request without undue delay, no later than two months after gathering all the necessary information. In addition, at the request of the country where the offence took place, the EU country of residence of the offender may take over the collection of traffic fines, provided they are over EUR 70 and have not been paid after all legal actions have been exhausted.
The EU country where the infringement occurred will have eleven months from the event to issue an infringement notice. The agreement also lists the main elements of this notice, which, in addition to the time and circumstances of the case, must contain information on how to challenge the fine.
The MEPs also managed to negotiate a provision whereby, two years after the new rules have been transposed into national law, private entities will be completely prohibited from helping EU countries to collect fines from foreign motorists.
In order to ensure transparent implementation of the new regulations, the European Commission will engage in the creation of an online portal. This platform will list existing regulations, dispute procedures and applicable sanctions, among other relevant information.
The draft legislation identifies, by expanding the list, the types of offences that are considered of such seriousness as to require communication between states for reasons of public safety, namely
- not keeping sufficient distance from the vehicle in front;
- dangerous overtaking;
- dangerous parking;
- crossing one or more solid white lines;
- wrong-way driving;
- not respecting rules on the use of emergency corridors;
- the use of an overloaded vehicle.
On the latter issue and the comprehensiveness of the procedures introduced, rapporteur Złotowski continues: “We managed to extend the scope of the rules only in those areas where it can have a real impact on reducing the number of accidents, including those involving vulnerable road users. We have significantly strengthened the position of drivers, who must be given adequate and timely information in a language they understand about their rights and the procedure for appealing against a penalty.”
Sources: https://www.europarl.europa.eu/, https://transport.ec.europa.eu/
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