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 law contains the main change, as well as the most discussed: the state of alteration at the time of the check is no longer ascertained – because it is no longer required – but only the detection of the presence of psychotropic substances in the body becomes relevant. This means, in essence, that in order to impose the sanction it will be sufficient to test positive and it will no longer be necessary to prove the actual impairment of driving ability.
The consequence is that the driving licence may be withdrawn even if the consumption of drugs took place days earlier in the absence of an established state of impairment at the time of driving. In this case, there is an obligation to undergo a medico-legal examination with a three-year ban on re-licensing.
This new legislation has received a great deal of criticism, since according to the legal objections raised, the legislation would introduce a generalised ban on the use of drugs, which is not directly related to the issue of road safety. A ban that should, if anything, be introduced in the Consolidated Law on Narcotic Drugs, i.e. Presidential Decree No. 309/1990 as amended and not in the Highway Code. In fact, it must be remembered that in Italy, taking drugs is not a crime but a mere administrative offence, while with the new regulations introduced, the behaviour of taking – even days before – psychotropic substances would in itself become an offence, even if the person stopped does not represent a danger to road safety, because he is not impaired.
In addition, it is noted that in the hypothesis of the absence of an altered state, the decision to test a person stopped while driving for drugs would become completely discretionary, if not arbitrary.
As far as driving under the influence of alcohol is concerned, it should be noted that the penalties in the event of a positive alcohol test result have been tightened. Under the new regulation, if the blood alcohol level is between 0.5 and 0.8 g/l, the fine ranges from EUR 573 to 2,170, with an accessory sanction of licence suspension from three to six months. For a blood alcohol level between 0.8 and 1.5 g/l, on the other hand, both a custodial sanction and a fine apply, as well as the suspension of the driving licence, which ranges from six months to one year. If the blood alcohol level exceeds 1.5 g/l, both a custodial and a monetary penalty apply, with suspension of the driving licence 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.