Introduction. The very recent Law No. 177 of 25 November 2024 introduced important changes to the Highway Code with the aim of increasing road safety and reducing accidents.
It should be emphasised at the outset that some of the changes came into force as early as 14 December 2024, while the others will have to await the issuance of implementing ministerial decrees by the government.
The main innovations will be illustrated below, distinguishing between those that are already in force with the consequent application of the new sanctioning system outlined by the reform, and those that, instead, will be implemented in the future.
1. Drug and alcohol testing.
With regard to driving under the influence of drugs, Chapter I of the regulation, in its initial wording, no longer included the criterion of “state of alteration” at the time of the test, suggesting that the mere detection of psychotropic substances in the body was sufficient. In essence, a positive test result would have been sufficient to impose the penalty, without it being necessary to demonstrate a concrete impairment of driving ability.
This approach meant that the license could be withdrawn even if the substances had been taken several days earlier, in the absence of a clear state of impairment at the time of driving. In such cases, there was an obligation to undergo a medical-legal examination, with a consequent ban on regaining the license for a period of three years.
This new legislation has attracted considerable criticism. In particular, according to some legal objections, the provision introduced a general ban on the use of narcotic substances, which was not directly related to road safety. It was argued that such a ban should be included in the Law on Narcotic Substances (Presidential Decree No. 309/1990, as amended), rather than in the Highway Code. It should be noted that, in Italy, the use of narcotic substances is not a criminal offense but an administrative offense. However, with the amendments introduced, the mere act of using such substances—even if it occurred days earlier—would constitute a criminal offense, even in the absence of an actual danger to road safety due to an altered state.
In addition, it has been noted that, in the absence of an altered state, the decision to test a person stopped while driving for drugs would become entirely discretionary, if not arbitrary. Precisely for these reasons and to avoid a possible declaration of unconstitutionality of the provision by the Constitutional Court, on April 11, 2025, a Circular was issued by the Ministries of the Interior and Health containing practical guidelines for the application of the new provisions.
In particular, the Circular clarified that, for the purposes of applying Article 187 of the Highway Code, in order to charge someone with driving under the influence of drugs, it is necessary to ascertain that the substance “is still producing its effects on the body while driving.” In essence, it must be demonstrated that the substance was taken within a short period of time prior to driving the vehicle. This approach seems to reintroduce, in part, the criterion of ‘psycho-physical alteration’, previously eliminated by amendments to the Code.
As stated in the Circular, ‘the determination of the offense therefore requires the performance of toxicological analyses on biological fluid samples capable of limiting the intake to a specific period of time’. The provision refers to the analysis of blood or saliva samples from the driver, as these are the only samples capable of detecting the presence of active molecules or metabolites indicative of an “active presence of the substance.”
The Circular also highlights the need to identify uniform criteria and methods for carrying out toxicological tests throughout the country, specifying the following fundamental characteristics:
-performance under conditions that fully guarantee the rights of the person undergoing testing;
-collection, storage, handling, and transport of biological samples in accordance with toxicological-forensic guidelines, in compliance with the chain of custody;
-toxicological-forensic analysis carried out using techniques and methods of confirmation with probative value.
Also attached are specific guidelines establishing the procedures for carrying out all stages of the tests, aimed at determining the existence of the constituent elements of the offenses provided for in Articles 187 (driving after taking narcotic substances), 186 (driving under the influence of alcohol) and 186-bis (driving while intoxicated for drivers under the age of 21, new drivers and persons professionally engaged in the transport of persons or goods) of the Highway Code.
No changes have been made to the quantity of narcotic or psychotropic substance required for the conduct to be punishable: as in the previous wording, the new provision does not set a quantitative limit above which the driver can be considered ‘positive’ and therefore punishable.
With regard to driving under the influence of alcohol, it should be noted that the penalties for failing an alcohol test have been increased. The new law provides that, if the blood alcohol level is between 0.5 and 0.8 g/l, the fine ranges from €573 to €2,170, with an additional penalty of suspension of the driver’s license for three to six months. For a blood alcohol level between 0.8 and 1.5 g/l, both a prison sentence and a fine are imposed, as well as the suspension of the driver’s license for a period ranging from six months to one year. If the blood alcohol level exceeds 1.5 g/l, both a prison sentence and a fine are imposed, with the suspension of the driver’s license for a period ranging from one to two years.
For all cases in which the blood alcohol level exceeds 0.8 g/l, the driving licence will be marked with the Union code 68 (‘no alcohol’) and/or 69 (‘only vehicles with alcolocks’) for the duration of two to three years. This entails, in addition to the prescribed penalties, a ban on alcohol while driving and the obligation to use vehicles equipped with alcolocks, i.e. devices that stop the engine from starting in the event of the presence of alcohol on the breath. This device is also called ‘ignition interlock device (IID)’ or ‘breath alcohol ignition interlock device (BAIID)’ and must be installed at the expense of the repeat offender driver. In this regard, however, it will be necessary to wait for the implementing ministerial decree with the technical specifications.
Penalties increase by one third in the case of drink-driving with application of these restrictions, and double in the case of tampering with the alcolock or its seals.
2. Suspension of driving licence with mobile phone while driving and driving on the wrong side of the road.
In the case of the use of mobile phones while driving, laptops, notebooks, tablets or similar devices, higher penalties are introduced with amounts ranging from EUR 250 to 1,400, with the additional provision that the driving licence will be suspended from seven to fifteen days already at the first violation. In the event of a repeat offence within two years, the penalties will be further increased with fines of up to EUR 1,400 and the suspension of the driving licence for up to three months, with loss of eight to ten points of the driving licence.
The new Highway Code also provides for licence suspension for those caught driving the wrong way or running red lights.
3. Rules for novice drivers.
Another change was introduced for novice drivers, for whom the limitation period for driving the most powerful vehicles was extended from one to three years. During these years, novice drivers may not drive vehicles with a power-to-weight ratio of more than 55 kW/t and a maximum power output of more than 75 kW. Previously the threshold was lower (50 kW/t), making this rule slightly more permissive.
There is also an absolute ban on driving with a blood alcohol level other than zero for the first three years, under penalty of ten points being deducted from the driving licence. The rule of compulsory possession of an alcolock for repeat offenders also applies to novice drivers.
4. Electric push scooters.
There is also news for the use of electric push scooters. As early as 14 December 2024, there will be an obligation to wear a helmet for all drivers, not only for minors. Push scooters will only be allowed to circulate on urban roads, with a ban on leaving built-up areas, and with a speed limit of 50 km/h.
Parking push scooters on the pavement is prohibited. Parking of such vehicles will only be permitted in areas specifically designated by the municipalities and their circulation will be prohibited on cycle paths and in pedestrian areas.
Compliance with the requirement for warning lights and directional arrows for those who already have a push scooter is subject to a transitional period until 1 January 2025 to comply.
Other measures have been envisaged that will come into force at a later date, once the implementing ministerial decrees have been promulgated, including the compulsory installation of number plates and arrows, compulsory insurance, a number plate and registration.
Penalties ranging from EUR 100 to 400 are envisaged for circulation without a number plate or insurance and for failure to notify a change of residence or location of the owner. Lastly, further penalties ranging from Euro 200 to 800 are envisaged for circulation on a scooter without turn signal lights and brakes on both wheels.
5. Protection of cyclists.
Provisions have also been made for the protection of cyclists, including the expansion of the number of roads suitable for the construction of cycle paths. The overtaking of velocipedes by motor vehicles must be carried out with adequate lateral distancing according to their respective speed and the size of the motor vehicle, to take account of the reduced stability of velocipedes, maintaining, where road conditions permit, a safety distance of at least 1.5 metres. There are increases for fines against those who park in cycle lanes or areas reserved for cyclists, ranging from Euro 84 to Euro 335.
6. Abandonment of animals.
There are also novelties for the case of animal abandonment. In such cases, the penalty is increased by one third to one year’s imprisonment, with a fine ranging from Euro 1,000 to 10,000 if “the act (…) takes place on the road or in its appurtenances”.
If the abandonment causes a traffic accident resulting in the death or personal injury of one or more persons, the penalties for road homicide and personal injury apply.
Conclusions.
As has been explained, the new provisions of Law No. 177/2024 amend the provisions of the Highway Code with the intention of creating a solid deterrent for certain violations with a tightening of penalties for offenders also in line with the provisions of European legislation. A large part of the regulations are already operational as of 14 December this year and for other provisions it will be necessary to wait for ministerial decrees to be issued in order to understand, in detail, how they will operate.
In particular, compulsory training courses for the renewal of driving licences for those who have suffered suspensions as a result of serious violations of the Highway Code (alcohol, drugs, dangerous driving), the operational modalities of which will be outlined in the future.
The regulation of roads for the use of push scooters, bicycles and other light vehicles will be redefined in relation to the type of road.
Criteria will be set to make certain advanced safety features in vehicles (ADAS) mandatory, such as automatic braking and pedestrian detection.
The principle of the graduation of administrative sanctions in proportion to the offender’s income has already been introduced, and this provision will also be fully operational after the adoption of the application criteria of the secondary legislation.
Finally, regulations will be introduced to encourage the establishment of 30 km/h maximum speed zones in cities to enhance pedestrian traffic areas.
