COMPARATIVE STUDY OF ROAD TRAFFIC RULES AND CORRESPONDING ENFORCEMENT ACTIONS IN THE MEMBER STATES OF THE EUROPEAN UNION
FINAL REPORT ANNEX 1 – COUNTRY REPORTS
EUROPEAN COMMISSION DIRECTORATE-GENERAL ENERGY AND TRANSPORT
PT CONSULTORES EM TRANSPORTES INOVAÇÃO E SISTEMAS, S.A.
In co-operation with:
With the following subcontractors:
PT
Contents ...... vii
Country Report: Austria ...... 1 1. Analysis of Legislative Bodies ...... 1
2. Analysis of Law Enforcement Bodies ...... 3
3. Enforcement Framework ...... 4
4. Sanction Regime ...... 5
5. Statistics on Checks and Infractions...... 6
6. Feedback Loop...... 6
7. Signs and signals ...... 7
Country Report: Belgium ...... 19 1. Analysis of Legislative Bodies ...... 19
2. Analysis of Law Enforcement Bodies ...... 20
3. Enforcement Framework ...... 20
4. Sanction Regime ...... 21
5. Statistics on Checks and Infractions...... 23
6. Feedback Loop...... 23
7. Signs and signals ...... 24
Country Report: Germany...... 31 1. Analysis of Legislative Bodies ...... 31
2. Analysis of Law Enforcement Bodies ...... 32
3. Enforcement Framework ...... 33
4. Sanction Regime ...... 35
5. Statistics on Checks and Infractions...... 36
6. Feedback Loop...... 37
7. Signs and signals ...... 38
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports i PT
Country Report: Denmark ...... 51 1. Analysis of Legislative Bodies...... 51
2. Analysis of Law Enforcement Bodies...... 52
3. Enforcement Framework...... 53
4. Sanction Regime...... 54
5. Statistics on Checks and Infractions...... 56
6. Feedback Loop ...... 57
7. Signs and signals...... 58
Country Report: Spain...... 113 1. Analysis of Legislative Bodies...... 113
2. Analysis of Law Enforcement Bodies...... 114
3. Enforcement Framework...... 116
4. Sanction Regime...... 117
5. Statistics on Checks and Infractions...... 121
6. Feedback Loop ...... 123
7. Signs and signals...... 124
Country Report: Greece...... 133 1. Analysis of Legislative Bodies...... 133
2. Analysis of Law Enforcement Bodies...... 133
3. Enforcement Framework...... 134
4. Sanction Regime...... 136
5. Statistics on Checks and Infractions...... 138
6. Feedback Loop ...... 138
7. Signs and signals...... 139
Country Report: France...... 167 1. Analysis of Legislative Bodies...... 167
2. Analysis of Law Enforcement Bodies...... 168 Comparative study of road traffic rules and corresponding enforcement actions in the Member States of ii European Union – Final Report – Annex 1 – Country Reports PT
3. Enforcement Framework ...... 169
4. Sanction Regime ...... 170
5. Statistics on Checks and Infractions...... 171
6. Feedback Loop...... 171
7. Signs and signals ...... 172
Country Report: Finland...... 205 1. Analysis of Legislative Bodies ...... 205
2. Analysis of Law Enforcement Bodies ...... 206
3. Enforcement Framework ...... 206
4. Sanction Regime ...... 207
5. Statistics on Checks and Infractions...... 210
6. Feedback Loop...... 211
7. Signs and signals ...... 212
Country Report: Italy ...... 233 1. Analysis of Legislative Bodies ...... 233
2. Analysis of Law Enforcement Bodies ...... 235
3. Enforcement Framework ...... 236
4. Sanction Regime ...... 237
5. Statistics on Checks and Infractions...... 239
6. Feedback Loop...... 240
7. Signs and signals ...... 241
Country Report: Ireland...... 287 1. Analysis of Legislative Bodies ...... 287
2. Analysis of Law Enforcement Bodies ...... 288
3. Enforcement Framework ...... 289
4. Sanction Regime ...... 290
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports iii PT
5. Statistics on Checks and Infractions...... 291
6. Feedback Loop ...... 292
7. Signs and signals...... 293
Country Report: Luxembourg...... 299 1. Analysis of Legislative Bodies...... 299
2. Analysis of Law Enforcement Bodies...... 299
3. Enforcement Framework...... 300
4. Sanction Regime...... 301
5. Statistics on Checks and Infractions...... 307
6. Feedback Loop ...... 308
7. Signs and signals...... 309
Country Report: The Netherlands...... 353 1. Analysis of Legislative Bodies...... 353
2. Analysis of Law Enforcement Bodies...... 354
3. Enforcement Framework...... 354
4. Sanction Regime...... 355
5. Statistics on Checks and Infractions...... 357
6. Feedback Loop ...... 358
7. Signs and signals...... 359
Country Report: Portugal ...... 373 1. Analysis of Legislative Bodies...... 373
2. Analysis of Law Enforcement Bodies...... 377
3. Enforcement Framework...... 378
4. Sanction Regime...... 379
5. Statistics on Checks and Infractions...... 380
6. Feedback Loop ...... 385
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7. Signs and Signals...... 386
Country Report: Sweden...... 405 1. Analysis of Legislative Bodies ...... 405
2. Analysis of Law Enforcement Bodies ...... 406
3. Enforcement Framework ...... 406
4. Sanction Regime ...... 408
5. Statistics on Checks and Infractions...... 409
6. Feedback Loop...... 411
7. Signs and signals ...... 412
Country Report: United Kingdom...... 441 1. Analysis of Legislative Bodies ...... 441
2. Analysis of Law Enforcement Bodies ...... 443
3. Enforcement Framework ...... 445
4. Sanction Regime ...... 446
5. Statistics on Checks and Infractions...... 447
6. Feedback Loop...... 448
7. Signs and signals ...... 449
Signs and Signals – Information sources...... 459 Austria...... 459
Belgium...... 459
Germany ...... 459
France...... 460
Denmark ...... 460
Sweden...... 460
Finland ...... 460
Italy…...... 460
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports v PT
The Netherlands...... 460
United Kingdom...... 460
Ireland ...... 461
Greece ...... 461
Portugal...... 461
Spain...... 461
Luxembourg ...... 461
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of vi European Union – Final Report – Annex 1 – Country Reports PT
Contents
This annex presents the final version of the country reports (an updated version of the country reports presented in the inception phase). Each country report contains the following sections and contents:
1. Analysis of legislative bodies
2. Analysis of law enforcement bodies
3. Enforcement framework – presenting the data inserted at the aggregated level of the database, covering the enforcement framework and practice
4. Sanction regime – this section contains a description of the sanction regime related with the road traffic rules, covering the structure of the sanction regime, levels of severity, criminal procedures, existence of penalty point schemes, etc.
5. Statistics on checks and infractions - featuring the available quantitative data on police checks, infractions detected and sanctions applied.
6. Feedback loop - presenting the data inserted at the aggregated level of the database, related with the feedback loop.
7. Signs and signals – presenting the images of the signs and signals in force.
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Country Report: Austria
1. Analysis of Legislative Bodies
The primary level of legislation in Austria is adopted by the Austrian parliament (Nationalrat and Bundesrat).
Draft proposals are either made by the Ministry of Transport, Innovation and Technology via the Council of Ministers (Regierungsvorlage) or by the Parliamentarians themselves (Initiativantrag). These proposals can be initiated by road safety institutes (such as the Austrian Road Safety Board), automobile clubs or other institutions.
The essential acts related to road safety are the Road Traffic Act (Straßenverkehrsordnung 1960), the Motor Vehicle Act (Kraftfahrgesetz 1967) and the Driving License Act (Führerscheingesetz).
The secondary level of legislation in Austria is adopted either by the Ministry of Transport, Innovation and Technology, the federal states or the regional authorities, depending on the matter.
The Ministry of Transport, Innovation and Technology is responsible for adopting regulations concerning:
- Road traffic law (only for motorways); regulations concerning other matters are adopted by the federal states or regional authorities
- Motor vehicle law regarding dangerous goods
The essential regulations related to road safety are the executive regulations of the Motor Vehicle Act (Kraftfahrgesetz- Durchführungsverordnung) or the Driving License Act (Führerscheingesetz-Durchführungsverordnung) or the regulation on level crossings (Eisenbahn-Kreuzungsverordnung).
The following agencies and organisations play an important role in preparation of regulative measures:
Type Organisation Role / Competencies Links Dependency Traffic control Bundesprüfanstalt für Vehicle inspections www.bmvit.gv.at Agency of the Ministry agencies Kraftfahrzeuge (Federal of Traffic, Innovation agency for vehicle and Technology inspections) Certification / Forschungsgemein- Publishing www.fsv.at normalisation schaft Straße und recommodations for bodies Verkehr transport and road planning (RVS – Richtlinien und Vorschriften für den Straßenbau)
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 1 PT
Type Organisation Role / Competencies Links Dependency Road Austrian Road Safety Road Safety www.kfv.at Financially and safetyinstitutes Board (KfV) politically independent - insurance companies and automobile clubs are members Automobile clubs ARBÖ Lobbying www.arboe.at Drivers are members
ÖAMTC Lobbying www.oeamtc.at Drivers are members
Regional legislative bodies
In terms of road traffic law most of the implementation is not done by national bodies but by the 9 federal states in Austria. As it concerns the whole federal states’ territory, the provincial government is responsible for adopting regulations. In cases where only a smaller area is affected the implementation is done by regional (Bezirksverwaltungsbehörde) or local authorities (Gemeinde).
Legislative Bodies - Austria Road Traffic Law e r u t a
l Parliament National acts s i g e L e v i t
u Ministry of Federal Regional c e
x Transport States Authorities E National regulations Regional regulations
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 2 European Union – Final Report – Annex 1 – Country Reports PT
Legislative Bodies - Austria Motor Vehicle Law e r u t a l Parliament National acts s i g e L e v i t
u Ministry of c National regulations e
x Transport E
2. Analysis of Law Enforcement Bodies
The main law enforcement is being executed by the Ministry of the Interior and some subordinated departments. The Headquarter for Public Safety (Generaldirektion für die öffentliche Sicherheit), residing in the Ministry of the Interior, is responsible for national law enforcement matters in traffic. Concerning the federal states, each county has its own Headquarter for Safety (Sicherheitsdirektion). At regional level there are Federal police head offices (Bundespolizeidirektion) or district authorities – where there is no Federal police head office (Bezirkshauptmannschaft). For roadside law enforcement there are acting police forces (Polizei) inside cities and constabulary forces (Gendarmerie) outside cities. At level of the Ministry of Transport, Innovation and Technology there is a federal agency for vehicle inspections carrying out roadside and non-roadside technical inspections of vehicle (in most cases trucks). Road safety institutes are not acting in direct law enforcement.
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Law Enforcement Bodies - Austria
Ministry of Transport, Ministry of the Interior Innovation and Technology Federal agency for vehicle Headquarter for Public Safety inspections
Head office for Safety
Police Head District Office Authority
Police forces
3. Enforcement Framework
The bulk of small offences related to traffic rules, driving requirement, vehicle characteristics and safety equipment are regulated by administrative law. The amount of administrative sanctions is only reported for alcohol tests. In 2002, 39 796 reports concerning alcohol where issued. The number of appeal cases is unknown.
In most cases (with exception of traffic rules) a sole judge system exists, but only if the incurred sanction is less than 5 years in prison. Concerning safety equipment and vehicle characteristics also independent administrative panels are considered. An automatic closing dossier applies in the fields of driving requirements and vehicle characteristics.
Prosecution is prohibited if the authorities have taken no action within 6 months after the offence.
So the administrative fine (“Strafverfügung”) will be send to the offender within 6 months. Appeal should be lodged within 6 weeks (signed by a lawyer).
Regarding the enforcement of rules for professional transport the major organization and law-making body is the Ministry for Transport, Innovation and Technology. It co-operates with some other enforcement bodies like the “Bundesprüfanstalt” (a specialized transport inspection), the police and some regional authorities in the Federal States.
The following enforcement methods are being used:
• Random road checks • Specific road checks • Company visits • Accident investigation
The sanctions applied in violation of the rules are:
• Warnings Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 4 European Union – Final Report – Annex 1 – Country Reports PT
• Financial sanctions • Economic sanctions • Interdiction of continuation of one's journey
4. Sanction Regime
In Austria sanctions related to road traffic rules are specified within the administrative law. Either a “Federal police department“ or a “district administrative body“ are responsible to carry out the administrative procedure and pronounce the decision. An appeal against the decisions of these authorities is possible to an independent regional authority (so called “Unabhängiger Verwaltungssenat”).
There are very different sanctions provided by the road traffic rules, but there is no strict regime of sanctions or categories of sanctions. The Road Traffic Act (StVO) has a subsidiary sanction clause that determines that if there is no special sanction of an infringement (related to road traffic rules), administrative punishment is possible up to 726 ⁄. However, there are a lot of exceptions with increased amounts, e.g. for alcohol offences up to 5 813 ⁄. If a person does not pay, imprisonment is possible up to six weeks. Note that the amounts are not fixed.
Concerning the frequent offender’s regime in Austria the current regime states that when you are caught for the 2nd/3rd time for the same offence, the penalties increase. At the second time of the same offence there will be imprisonment instead of fine (up to 6 weeks). From the third time of the same offence both fine and imprisonment could be cumulatively imposed.
The loss of the driving license is not a sanction but a security measure. The loss depends on the requirements for the driving license. Severe offences can lead to a loss of traffic creditability and consequently to a loss of the driving license. The first loss typically takes between one and three months, depending on the severity of the cases.
There is no special penal prosecution and conviction in the area of road traffic. Only in cases of murder, personal injury or ‘endangering others’ are cases of penal prosecution and conviction.
There is no point system in Austria, though it is close to be implemented. There is an intensive political discussion and the implementation is due until 1st January 2005. There are no fixed details yet.
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5. Statistics on Checks and Infractions
6. Feedback Loop
Rules and practices are evaluated by the Ministry for Labour and Economy, the Ministry for Transport, Innovation and Technology and some other public institutes like “Kuratorium für Verkehrssicherheit” and “Bundesprüfanstalt”.
Advisory boards, who are involved in developing national guidelines for e.g. signalling, are usually involved in the law making process.
Checking entities is not considered in the preparatory process of developing new / modified strategies on enforcement of traffic rules.
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Country Report: Belgium
1. Analysis of Legislative Bodies
New laws concerning road traffic rules and road safety are issued within the confines of the Belgium democratic system. After laws have been put into force various bodies have to execute them. These bodies include both national and regional institutions.
At national level, the Belgium government is responsible for the issuing new laws, raising public awareness and providing information. Enforcement of Road Traffic Rules is the responsibility of the Belgium government, although this does not necessarily mean that only governmental bodies are concerned in the enforcement of RTR.
The Belgium government is also responsible for the infrastructure of motorways and it assists regional authorities with knowledge and financing.
Belgium consists of a Flemish part and a Wallonian part. In the Flemish part the Roads and Traffic Administration is responsible for construction, maintenance and exploitation of the infrastructure. Furthermore the Flemish administration develops a road policy in which accessibility, road safety and mobility take a central place.
Legislation issued at national level sets the standards, thus regional and local legislation need to harmonize with national legislation.
Traffic Legislation in Belgium
The Road Code (1975):
The Road Code deals with a code of conduct on the roads, as it sets the standards for admission on the road, the rules concerning license plates, driver’s licenses and the use of vehicles on roads. The technical condition of vehicles is of course an important aspect of this law. The place of the road users on the road, helmets, seatbelts and traffic lights are among the rules presented in this Code. Of course speeding, overtaking and the lights vehicles should use under different conditions are dealt within as well.
The Royal decree for serious violation of the Road Code (1976):
This decree regulates which violations of the Road Code are considered to be more serious than others, such as speeding, overtaking on crossings, not carrying lights and ignoring stop signs.
The Royal decree for the technical standards for cars, trailers and safety kits (1968):
This decree limits, amongst other things, the weights and dimensions of vehicles, technical inspections and type approval.
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The Royal decree for policing road traffic (1968)
This decree sets the standards for the placement of road signs. Furthermore this code determines the sanctions to be imposed after violation of the other codes and decrees.
The Royal decree for drivers licenses (1998)
This decree deals with regulations for drivers licenses. Who is eligible for obtaining a driver license and who is obliged to have a driver license? Furthermore it deals with the standards for driving schools and examination, for instance which aspects need to be part of training and examination.
The Royal decree for the registration of vehicles (2001):
Before a vehicle is allowed onto the road it has to be registered. This means that the type of vehicle and the personal details of the owner need to be registered. After registration, the vehicle receives license plates and a registration number.
2. Analysis of Law Enforcement Bodies
Complementary entities
There are various entities involved in Road Traffic Rules.
MOCI: The Ministry of Communications and Infrastructure is, as said before, the competent national authority.
Police: The federal police consist of nine provincial traffic units, amongst others. Their tasks focus on traffic, including enforcement of speed limitations, alcohol and drugs control, and all other stipulations from the Road Code. Furthermore they act against drug trafficking, illegal transports and are involved in maintaining public order.
MoF: The Ministry of Finance is both the competent authority for road user charges and the body in charge of collecting and controlling road user charges
GOCA: GOCA is an organisation of private companies with the official task of performing the technical inspection of vehicles, the driving examinations and the subsequent issuance of drivers’ licenses.
3. Enforcement Framework
Most traffic offences in Belgium and specifically those related to Driving Requirements, Traffic Rules, Road Characteristics, Safety Equipment and Special Transport, are part of the Road Code and are punishable through the Royal Decree of March 16th, 1968 for the co-ordination of the law concerning the policing of road traffic. This decree settles the sentences and fine tariffs for the road code violations. Their Articles 29 through 61 stipulate the minimum and maximum prison sentences and minimum and maximum fines for violations of the RC. Vehicle Characteristics and parts of Safety Equipment are covered by a special Decree set up especially for this topic.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 20 European Union – Final Report – Annex 1 – Country Reports PT
Appeal procedures run through a sole judge system, the Police court. (2001: 109.822). Only recently, it has been possible to pay the fine, for a small number of violations, through a process that resembles administrative sanctioning, but that is in fact a system for out-of-court settlements. The main goal is to relieve the load on police courts, which otherwise would be under great pressure due to the huge amounts of traffic offences. So a simplified administrative system exists.
Belgium does use an automatic closing of dossier system.
The maximum time between notification of a violations and adjudication is 180 days.
The Directorate for Statistics and Logistical Services is responsible for keeping records of sanctions and reporting, annually, the figures on a set of violations; the Criminal Law Policy Directorate plays an important role in this process as well.
The Criminal Law Policy Directorate is responsible for evaluating the policy and sanctioning regime. There are no clear indications of a formalized feedback loop.
For Professional transport the Ministry of Transport is the main law making body.
In exception to the police, Customs officers and other especially appointed civil servants are involved in the control and enforcement of professional transport. The following kinds of enforcement methods are being used:
• Random checks • Thematic checks (aimed at e.g. specific sector) • Company visits • Postal checks (asking to send tachograph sheets)
Especially Company checks are evaluated as effective because of the preventative nature (things can be corrected before they happen on the road) and the ability to address company management with integrated findings (on all possible infringements). Research ‘guides’ the enforcement practice. When certain categories / sectors cause a lot of infringements thematic actions or company visits may be organized. Complexity is sometimes the involvement of many different authorities / agencies with some topics (e.g. dangerous goods.).
4. Sanction Regime
The Royal Decree of December 1st, 1975 concerning general regulations for road traffic policing, or Road Code (RC), is the main law source for road traffic rules. The Road Code was revised in June 2003. No other revisions are foreseen in the near future.
The Royal Decree of April 7th, 1976 designates heavy infringements of the RC. This decree comprises 14 violations that are considered more severe than other violations of the RC. Among these violations are speeding, not stopping at red traffic lights, endangering pedestrians, ignoring various road signs and overtaking in dangerous situations. Remarkably, this law does not mention offences in which alcohol is concerned.
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The Royal Decree of March 16th, 1968 for the co-ordination of the law concerning the road traffic policing settles the sentences and fine tariffs for the Road Code violations. Articles 29 through 61 stipulate the minimum and maximum prison sentences and minimum and maximum fines for violations of the RC.
Three separate decrees settle the registration of vehicles.
The Royal Decree of March 15th, 1968 stipulates the technical demands that vehicles should meet. The law of June 21st, 1985 settles the punishment of violations of this Royal Decree.
The Royal Decree of March 23rd, 1998 for the driving license dedicates a section to sanctions apart from the sanction of the Royal Decree of March 28th, 1969.
Insurance, road transport and engineering works all have their own Royal decrees.
There is one special Court competent for all road safety matters: the Police Court. The Court is competent for sanctioning road safety infringements. The Prosecutor's Department, however, is competent to propose transactions.
All violations of the Road Code are considered criminal offences. Therefore, all infringement should be dealt by the Police Court. However, to relief the burden of having hundreds of traffic related cases in the courts, Belgium has recently set up a system to administratively handle sanctions to violations of the Road Code. Once a violation has been detected the offender receives a check that he can pay. If a violator chooses not to pay he/she has to appear for a judge. These administrative sanctions can never replace the withdrawal of driving licenses.
Light offence 52.06 ⁄
Heavy offence 138.82 ⁄
Accumulation of light offences 69.41 – 104.12 ⁄
Accumulation of heavy offences 208.23 – 280.12 ⁄
Accumulation of heavy and light offences 156.17 – 280.12 ⁄
Repetition of heavy offences 208.23 – 349.53 ⁄
For speeding offences there is another complementary system. Speeding offences in which the speed limit is exceeded with more then 10 km per hour are considered heavy offences according to the Royal Decree for heavy offences. In Belgium heavy offences can be dealt within an administrative manner as the above tariff system shows.
There is no “penalty points” system in Belgium.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 22 European Union – Final Report – Annex 1 – Country Reports PT
5. Statistics on Checks and Infractions
6. Feedback Loop
No data was available.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 23
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Country Report: Germany
1. Analysis of Legislative Bodies
The primary traffic legislation is performed by acts adopted by Parliament (“Bundestag” (Federal Diet) and “Bundesrat” (Federal Council)), compare The Road Traffic Act (Straßenverkehrsgesetz, 19.12.1952 as amended on 11.9.2002). Amendments are typically proposed by the federal government. Their drafts are prepared by the Ministry of Traffic, Building and Housing (Bundesministerium für Verkehr, Bau- und Wohnungswesen).
The Road Traffic Act rules issue – only rudimental – some detailed aspects, but delegate the regulation competence regarding most issues to the Ministry of Traffic. Therefore, many essential regulations are issued by the Ministry of Traffic – upon approval of the Federal Council –, for example The Road Traffic Regulation (Straßenverkehrsordnung, 16.11.1970 as amended on 1.9.2002), The Road Traffic Approval Regulation (28.9.1998 as amended on 11.9.2002) and The Driving Permission Regulation (18.8.1998 as amended on 11.9.2002). These regulations have to be in accordance with the textual requirements of the Road Traffic Act.
Road safety rules are standardised for Germany. The Parliament carries through a small number of their competencies in road traffic safety, but delegated those to the Ministry of Traffic. The Ministry of Traffic is the main player in Road traffic legislation.
Legislative Bodies Germany
Parliament
Federal Minister
upon approval by National law Federal Council
Regulations
The following agencies and organisations play an important role in preparation for regulative measures.
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Type Organisation Role / Competencies Links Dependency
Traffic control Bundesamt für den road inspections – http://www.bag.bund.de/ Agency of the agencies Güterverkehr Goods traffic Ministry of Traffic
(Goods traffic office)
Certification / Kraftfahrt-Bundesamt Central approval, http://www.kba.de/ Agency of the normalisation license register; Ministry of Traffic bodies (Motor driving agency) certification
Road safety Bundesanstalt für Efficiency http://www.bast.de/ Agency of the institutes Straßen improvement of road Ministry of Traffic constructions, road (Road agency) safety
Deutscher Strategic planning and http://www.dvr.de/ Ministries, Verkehrssicher- co-ordination churches, heitsrat automobile clubs, insurance, (Road safetycouncil) unions are members
Automobile ADAC Lobbying http://www.adac.de Drivers are club members
2. Analysis of Law Enforcement Bodies
Law enforcement in Germany is carried out by each federal state, except some special competencies, which are carried out by the Ministry of Traffic (e.g. essential federation-wide measures, accident research) or his agencies (e.g. vehicle approvals, central approval, license register). The Road traffic agencies and the Police force are organised separatelly in each federal state. The regional agencies (regional governments – “Bezirksregierungen” resp. “Regierungspräsidien”) enforce the road traffic regulations, for example driving permissions, authorisation of abnormal transports, orders to draw up road signs, etc. Administrative district authority (“Kreisverwaltungsbehörde”) enforces the road traffic regulations at a local level. All mentioned agencies are subordinated under the Ministry of Traffic of each federal state.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 32 European Union – Final Report – Annex 1 – Country Reports PT
Law Enforcement Federational Level Bodies
Federal Ministry of Traffic, Construction & Hausing
Goods traffic Motor driving Road agency office agency
Central police agency is the Minister of Interior of each federal state. The police organisation is subdivided into regional “Polizeipräsidien” (police head offices) and local “Polizeidirektionen” (police departments) resp. “Polizeiinspektionen”.
Law Enforcement Federal States Level Bodies Road Traffic Authorities Police Forces
State Ministry of State Ministry of Traffic state the Interior
Regional regional Police Head Governments Offices
Administrative Police district authorities local departements
Road safety Institutes, like the Road agency (Bundesanstalt für Straßen) or the Road safety council (Deutscher Verkehrssicherheitsrat), act as legislative advisors, without reporting to the police nor practising direct law enforcement.
3. Enforcement Framework
Prosecution
Being a misdemeanour (Ordnungswidrigkeit), the law on misdemeanours (Gesetz über Ordnungswidrigkeiten, OWiG, cf. above) applies here (cf. article 1 OWiG). According to article 35 OWiG, the administrative authorities persecute violations of the rules, except if either the district public prosecution authority or the judge are declared to be competent. According to article 36 of the same law either the authorities entitled by the relevant law or those listed in article 36 paragraph 1 number 2 OWiG are competent to pursue misdemeanours. The district public prosecution authority is to pursue the misdemeanour
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 33 PT itself if it is related to a crime being investigated. In that case the relation with a crime does not exist and the investigation is to be sent back to the competent administrative authority.
Article 26 of the road traffic act contains a determination and authorisation, that first of all determines that in case of a violation of its articles 24 and 24a, the authority in charge in terms of Article 36 Paragraph 1 Number 1 OWiG has to be a police officer determined by the Federal State the officers work for. Therefore, the police is both responsible for the primarily examination and the following prosecution. As an authority of prosecution (articles 56 et seqq. OWiG) the police has to apply the penal procedure in accordance to article 46 (et seqq.) OWiG. This way the police is able, for instance, to summon a witness, to have access to records or to instruct a defender (articles 48, 49, 60 OWiG).
If the district public prosecution authority is assigned to pursue the misdemeanour (articles 42, 63 OWiG) the criminal action to be brought before the judge (cf. below) is to be extended to the misdemeanour (article 64 OWiG).
Adjudication of sanctions
In case of infraction the police would conclude its investigation by applying a fine (articles 65, 66 OWiG). A less drastic measure is a warning after article 56 paragraph 1 OWiG (see also article 2 of the catalogue of sanctions for the commitment of a misdemeanour, Bußgeldkatalog – Verordnung, BKatV) that can be pronounced in case of minor infractions only. It depends on the infraction’s impact whether the warning is combined with a fine or not (Schurig, page 296). The addresses may try to remedy against the fine by submitting a written objection within two weeks to the authority in charge. By then, the case will be submitted to a sole judge who will deal with it and, if justified, finally sentence the plaintiff (articles 67 et seqq. OWiG). The plaintiff also can appeal when sentenced to his disfavour (artilces 79 et seqq. OWiG).
After articles 25 paragraph 1 phrase 2, 24 Road Traffic Act (see wording of Article 49 Paragraph 1 Number 24b Road Traffic Act) a suspension of the driving license can be pronounced (one to three months) if article 24 Road Traffic Act was violated and the concerned person has acted gravely against his / her duties that are incumbent to him / her as a vehicle driver. But article 4 of the catalogue of sanctions for the commitment of a misdemeanour, Bußgeldkatalog – Verordnung, BKatV, provides that a suspension of the driving license should only be pronounced in case of an infraction of the listed rules / numbers.
In most cases (with exception of vehicle characteristics) a sole judge system exists but depends on the nature of the infraction (misdemeanour or crime). Concerning safety equipment and traffic rules the sole judge system exists only for misdemeanour. Concerning driving requirements further distinctions are to be considered. An automatic closing dossier applies only in the field of driving requirements within 3 month after the violation.
So the administrative fine (“Bußgeldbescheid”) will be send to the offender within 3 month. Appeal should be lodged within 2 weeks in most cases.
Regarding the enforcement of rules for professional transport the major organization and law-making body is the Ministry for Traffic, Building and Housing Affairs (Bundesministerium für Verkehr, Bau- und Wohnungswesen). Other important organizations are the decision government (“Deutscher Bundestag”) and the European Community. The Ministry for Traffic, Building and Housing Affairs co-operates with other organizations like the police and some specialized transport inspections. Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 34 European Union – Final Report – Annex 1 – Country Reports PT
The following enforcement methods are being used:
• Specific road checks • Company visits • Accident investigation
The sanctions that apply to violation of the rules are:
• Warnings • Prison sanctions • Financial sanctions • Economic sanctions • Interdiction of continuation of one’s journey • Penalty points
Checking entities are not involved in the preparatory process of developing new / modified strategies on enforcement of traffic rules.
4. Sanction Regime
Point system
There is a register of points to be established (article 4 of the Road Traffic Act), comprehending and weighing all infractions listed in article 28 paragraph 3 numbers 1 to 3 of the same act (cf. article 4 paragraph 2 phrase 1), as there are either infractions in relation to road traffic, crimes or misdemeanours (cf. article 24, 24a, 28a road traffic act) being related to the conduction of a car. Article 4 Road Traffic Act indicates measures to be undertaken by the authority that issues the driving license. The data relevant to the point system mentioned in article 4 is evaluated and collected by a special federal office, the Kraftfahrt – Bundesamt, and therefore added to a special traffic register, the Verkehrszentralregister (article 28 Road Traffic Act). The points distributed for each infraction are listed in the thirteenth attachment to a decree on the driving license, Fahrerlaubnis – Verordnung, FeV, based on article 6 paragraph 1 number 1 lit. s of the Road Traffic Act. After article 28 paragraph 3 number 3 Road Traffic Act there will be points assigned if either a suspension from driving was pronounced or a fine of at least 40 ⁄ had to be paid.
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5. Statistics on Checks and Infractions
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6. Feedback Loop
Rules and practices are evaluated by Federal Ministry of the Interior and other public institutes like the Federal Statistic Office or the German Federal States (“Bundesstaaten”) and by independent research organizations.
Enforcement agencies are involved in the law making process in the fields of driving requirements and safety equipment. During the phase of legislation, the institutions in charge, like the decision government (“Deutsche Bundestag”), often request for expert’s opinions.
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Country Report: Denmark
1. Analysis of Legislative Bodies
The primary level of legislation in Danish government is constituted by acts (lovgivning) - adopted by the Parliament. The essential acts related to road safety are The Road Traffic Act (LBK 2001 712) and The Public Road Act (LBK 1999 671). Both acts are administered through by the Ministry for Transport and the Ministry of Justice. The act related to working environment and road safety (Health and Safety at Work act LBK 1999 784) is administered by the Ministry for Employment and Labour Market. The Road Traffic Act concerns all types of transportation, including the allowable load carried, as well as pedestrians, in using any roads for the purpose of transportation or travel. The Public Road Act concerns the public administration of public roads on national, regional and local level. The Road Traffic Act and The Public Road Act sets forth general principles for the administration of the acts but allows the Government to use the legislative powers delegated in the acts to develop the regulatory framework beyond the rules of the acts.
National legislative bodies - Secondary Legislation: Regulations (bekendtgørelser/anordninger) - are documents providing binding legislative rules that are issued by a relevant Ministry - or a public agency authorised by the Minister - to set forth further rules. The competence to regulate must be positively defined in primary legislation - i.e. the relevant act (The Road Traffic Act and The Public Road Act etc.). The scope of the regulation must not expand the borders of the empowering act. The delegation of powers to issue secondary legislation from Minister to a subordinated agency lies within the authority of the Minister in question.
The Road Traffic Act is administered by the Ministry of Justice and the Road Safety and Transport Agency. In general regulations related to The Road Traffic Act and The Public Road Act are mostly issued by The Ministry of Justice. The Minister of Justice has issued 163 individual regulations regarding the Road Traffic Act. Around 30 of these have a certain influence on the topics considered in this project. The Ministry for Transport has issued 4 regulations (one is relevant for this report) and the Road Safety and Transport Agency has issued 1 regulation.
The Public Road Act is administered by The Ministry of Transport. The number of regulations under this act is very limited and most of them concerning delegation of authority to other governmental agencies and / or institutions.
Administrative Regulatory Levels
The administrative regulatory levels are as follows:
- The Generic regulatory level - The Specific regulatory level
The generic regulatory level is constituted by directives to the subordinated (national, regional and local) authorities by way of Circulars and Guidelines (cirkulærer, cirkulæreskrivelser, vejledninger). The specific regulatory level specifies precise orders to subordinated authorities (Tjenestebefalinger).
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Within the area of transport safety the ministerial directives are provided by The Ministry for Transport, The Ministry for Justice, The Ministry for Education, The Ministry for the Interior and The Ministry for Employment and Labour Market. Some of the agencies subordinated by these Ministries have delegated powers to issue directives. This concerns The Road Safety and Transport Agency, The Central Register of Motor Vehicles, The Road Directorate, The National Board of Health, The National Emergency Management Agency, The Railway Inspectorate and The Motor Vehicle Inspection.
The issuing of directives to the Public Prosecutor is formulated by The Public Prosecutor’s Office (Rigsadvokatmeddelelser). These directives contain instructions to all subordinated offices within the Public Prosecutor.
Regional legislative bodies: The county council is authorised to plan, establish and maintain the country roads according to regulations from The Road Directorate and the national legislation. The county councils can (in consultation with the police) adopt local provisions on traffic matters on the county roads. Still the adoption has to be in accordance with the national legislation.
Local legislative bodies: The municipality is authorised to plan, establish and maintain the municipal roads according to regulation form The Road Directorate and the national legislation. The municipality can (in consultation with the police) adopt local provisions on traffic matters on the municipality roads. The adoption has to be in accordance with the national legislation.
The chief constables of Police may adopt provisions related to local traffic matters on roads within each police district - given they are in accordance with national legislation.
2. Analysis of Law Enforcement Bodies
The Parliament adopts acts and thus determines the framework within which the police operate. The Minister for Justice is responsible for the Danish police and for the Public Prosecutor's Office. The Minister for Justice is the superior police authority exercising powers through the National Police Commissioner, the Commissioner of the Copenhagen Police, and the chief constables1.
Denmark is divided into 54 police districts (plus the Faeroes and Greenland). The police in Denmark, in the Faeroes and in Greenland, constitute one national force, subordinated the Minister for Justice.
The responsibilities and powers of the National Police Commissioner are defined in the Administration of Justice Act. The National Police Commissioner is also empowered to supervise the general organisation of work by the Copenhagen Commissioner and the chief constables, and he has the power to establish general guidelines for the execution of police duties.
1 The National Commissioner's E Department, The Police in Denmark in the Faeroe Islands and in Greenland, September 2001
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Specific decisions are taken in the police districts, where the Copenhagen Commissioner or the chief constables are responsible for the day-to-day management and execution of police duties.
The line of directives related to enforcement of law is formulated by The National Commission of the Danish Police. The Directives details the requirements related to enforcement of the legislation by the police. The directives about road safety mainly concern The Road Traffic Act and safety precautions in case of accidents. The National Commission of the Danish Police have an obligation to consultation in connection with directives from other administrative authorities but do not administer The Public Road Act. The directives related to enforcement of law are issued as instructions directed to all underlying law enforcement authorities.
Regional and local law enforcement bodies
There are no regional enforcement bodies in Denmark at county level. As mentioned above Denmark is divided into 54 police districts - based on geographical criteria - each covering several municipalities.
The chief constable is the superior of the police force within each district and is responsible for the execution of office. He is assisted by one or more deputy chief constables, prosecutors and assistant prosecutors, all of whom are candidates of law (attorneys). The chief constable is also the public prosecutor in the district court. The district prosecutor's office is in practise carried out by the attorneys and police officials of the police district and it is their responsibility to ensure that offenders are held responsible in accordance with law as well as to plan and prepare the court cases against offenders.
The traffic patrols (Traffic Police) are organised under the National Commissioner. The traffic patrols are generally the only entity controlling violations of the road traffic act. They are authorised to issue fines.
Parking offences are controlled by the police (all type of parking violations, including those relevant for safety) and jointly by designated municipality services as well as private companies - although only offences related to parking-time restrictions.
3. Enforcement Framework
Regarding the distinction between criminal and administrative sanctions the case in Denmark is that most cases (about 95 %) are settled administratively under the provisions of the Road Traffic Act.
The main part of the different types of offences are settled administratively by the police as long as the offender does not want to have the case tried in court, but confesses the offence to the police. This even includes cases leading to huge fines and suspension of driving licence. However is it always possible for the offender to have his case tried in court - as most traffic offences, in principle are criminal cases - thus leading to a criminal sanction if found guilty. Exceptions to this practice are the cases involving alcohol, drugs and other more serious offences involving e.g. personal injury, which always require a court decision.
The Chief Constables and the Commissioner of the Copenhagen Police are responsible for prosecution if the case goes to court. The adjudication of sanctions is handled by the police and by city courts if going to court. The courts of appeal are
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The sanctions are registered in The Criminal Register for Traffic and the register of the National Traffic Police. The registers are used by the police.
A sole judge system does exist. There is no automatic closing of dossiers.
The administrative sanctions will normally be handled within 1-3 months while sanctions admitted to court will have a lapse time of 3-4months and up to 1 year if contested.
When regarding enforcement of rules for professional transport, the police are the main enforcement entity. On roadworthiness both the police and the State Vehicle Inspection are responsible for detection and enforcement.
The enforcement methods depend on the topics. For transport of dangerous goods the police may carry out:
• accident investigations • examination of samples through laboratory checks • company checks
For rest and driving times and recording equipment the police and the Danish Working Environment Service may carry out:
• random road side checks • accident investigations • company checks • for speed limit devises and abnormal transport the police may carry out: • random road side checks
4. Sanction Regime
As said before, road traffic is mainly ruled by the Road Traffic Act and is elaborated in its many related government orders. The latter regulates e.g. the classification, standard and equipment of vehicles, use of seat belts, issue of driver's licence as well as taxi, bus and freight traffic. Furthermore there are government orders concerning e.g. public liability insurance, vehicle excise duty and registration fees. The design of road infrastructure, signs, markings etc. is determined by the Road Regulations.
Warnings are very widespread if traffic offence is of little culpability. It is estimated that fines are the most common sanction applied for traffic offences (besides there are parking charges of 510 DKK administered typically by the municipalities). The normal fine is 500 DKK (approx. 67 ⁄) and is often used in cases of on-the-spot notification of offence by the police. Fines are aggregated if several offences are committed simultaneously. This also applies to violations of different laws and if also leading to imprisonment.
Fines usually increase, typically to 1 000 -1 500 DKK (around 134 to 201 ⁄) if offence has caused an accident or danger / nuisance to other road users. Besides, fines are sharpened when speeding on motorways and speeding while Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 54 European Union – Final Report – Annex 1 – Country Reports PT driving with a trailer or heavy vehicle, weighting more than 3.5 tons, when drink-driving, exceeding total weight or axle load, or disregarding rest and driving times etc. In cases of drink-driving, > 0,008 %, and driving in suspension period, fines are depended on the offender's income (134 ⁄ fine per 3 350 ⁄ annual gross income). In cases of exceeding of total weight or axle load and exceeding of speed, the fine depends on the level of exceeding and in the case of speeding also on road and vehicle type. For offences of exceeding total weight or axle load both driver and owner are sanctioned. In cases of e.g. drink- driving, driving without a driver's licence, exceeding driving time and exceeding of total weight or axle load the sanctions are always increased if repeated.
Fines not dependent on income are halved for people with low income and young people, under 18 years. The minimum fine is around 40 ⁄.
In cases of more severe offences involving e.g. damage or danger of damage to people or property, excessive speeding, considerable exceeding of legal total vehicle weight or drink-driving, a suspension of the driving licence is imposed. Suspension is conditional unless the offence is intentionally causing damage or danger, involves more than one severe violation or the motorist previously has been conditionally or unconditionally suspended or banned from driving within certain probation periods.
Unconditional suspension is in force in a period of 6 months to 10 years (or everlasting). Conditional suspension means that the driver in three years (in special cases, 5 years) must not commit new offences that suspend the driving licence. A driving test must be passed before recovery of the driving licence (both conditional and unconditional).
If an offence leading to a conditional suspension of driving happens within two years of the first acquisition of the driver's licence then disqualification replaces suspension of driving. During a disqualification a driver's right to drive motorised vehicles is suspended until special driving lessons and a test have been passed.
Especially severe cases of intentional causing of danger or damage to people or property, drink-driving, driving without a valid driver's licence or in suspension period, exceeding total weight, driving times etc. can result in prison up to one year. Normally the sentence is made conditional and replaced by community service and an additional fine. For violations of the Criminal Code for negligent homicide and bodily harm the prison sentence can increase (from 4 months to 8 years in aggravating cases) and be supplemented by day-fines dependent on level of violation and offender's income.
In very special and severe cases the police can confiscate a vehicle to prevent further offences. This only happens in a few cases each year to prevent drink-driving and driving without a valid driver's licence.
The police can also remove vehicles at the driver's expense (or the owner’s / user’s if the driver is unknown) if illegally standing or parking, stranded or without the necessary licence plates.
Foreign vehicles driven by foreign drivers can be detained until due fines, parking charges etc. have been paid.
No penalty point system exists in Denmark.
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5. Statistics on Checks and Infractions
Sanctions in Denmark (2002)
Offence Traffic police National total
Charges for drink and driving (Road traffic act §§ 53 and 54) 1.978 14.969
Sanctions for illegal use of drug and medicine while driving 203
Sanctions for infringements on rules of transport of dangerous goods 29 40
Sanction for driving and resting time offences 1.346
Sanctions for errors on control equipment and books 660
Sanctions for right of way offences 265 3.510 Sanctions for traffic light offences 798
Sanctions for incorrect placing and swinging 1.165
Sanctions for incorrect use of lights 3.126
Sanctions for incorrect use of motorways or expressways 116
Sanctions for misuse of test licence plates 904
Removal of licence plates because of low technical vehicle standard 201
Sanctions for other technical vehicle problems 4.349
Sanctions for construction changes on vehicle 1.455
Sanctions for overloading 1.364 2.488
Speed sanctions detected by traffic police 45.332 367.753 Speed sanctions detected by automatic traffic control 300.000
Sanctions for reckless overtaking 571
Sanctions for not using seatbelts/crash helmets 19.846
Sanctions for lack of public liability insurance 1.209
Sanctions for forgetting ones drivers licence 2.960
Sanctions for no drivers licence obtained 1.885 12.472
Sanctions for not having proper driver licence 558
Sanctions for driving during suspension of driving licence 1.223 6.776
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Offence Traffic police National total
Sanctions for other traffic offences 12.506
Sanctions under criminal law, special laws, etc. 1.248
6. Feedback Loop
Rules and practices are evaluated by the Ministry of Transport, the Ministry of Justice and the police, and in some cases the Danish Road Safety Council and traffic researchers. Experience and collection of statistics are continuously used to revise rules and enforcement.
In connection with specific emphasis or campaigns related to a specific topic considered important to road safety, e.g. speeding, drink and driving, seat belts, school start etc. the police will support this by carrying out more intensive enforcement in this field for a period.
The police report on the number of sanctions annually. There is no fixed annual amount for enforcement of traffic offences.
The police are generally involved in the law making process and are responsible for the development of new methods for and enforcing the rules.
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Country Report: Spain
1. Analysis of Legislative Bodies
As a general principle, the centre of the legislative activity in Spain is the Spanish Parliament. Concerning traffic and road safety legislation, the scope for decision making of the Spanish Parliament is the whole country, although in some Regions (Comunidades Autónomas) the Regional Governments may have competencies in road traffic and safety management (mostly concerning traffic management, inspection of transport vehicles and application of national rules).
An important point to be stressed is that only general laws, what we could call “framework laws”, concerning traffic are elaborated by the Parliament directly. Minor laws dealing with the development or the application of more specific rules are elaborated by the Ministry of Internal Affairs and by the Ministry of Transport and Public Works and approved directly by the Council of Ministers.
The general classification and ranking of the Spanish traffic and road safety legislation is:
• Royal Decree: elaborated by the Ministry of Internal Affairs or/and by the Ministry of Transport and approved by the Parliament. These laws have a general scope and a very wide range of application, such as the General Law of Traffic and Road Safety (R.D. 339/1990).
• Law: also approved by the Parliament and proposed by the Ministry of Internal Affairs or/and by the Ministry of Transport, usually introducing modifications in Royal Decrees. Examples of this category can be L. 5/1997, L. 11/1999, L. 43/1999, L. 55/1999 and L. 19/2001 that introduced amendments and updates to the General Law of Traffic and Road Safety (R.D. 339/1990). Some of these laws concerned the application into Spanish legislation of EU regulations and recommendations.
• Decree: elaborated by the Ministry of Internal Affairs or/and by the Ministry of Transport and approved directly by the Council of Ministers. These regulations are not approved by the Parliament and their aim is to develop specific aspects of framework laws such as technical issues that have a direct impact in traffic safety.
• Order, Regulation and Resolution: small range legislation, aimed at the modification of previously approved legislative items (mainly with technical purposes). Also elaborated by the Ministry of Internal Affairs or/and by the Ministry of Transport and approved directly by the Council of Ministers.
Concerning the elaboration of laws dealing with road traffic and safety, the two main bodies in charge of this task are the Ministry of Internal Affairs and the Ministry of Transport and Public Works. There are four main consultative bodies in charge of elaborating the text of laws an issuing recommendations on road traffic safety:
1. Directorate General for Road Traffic (DGT): integrated within the structure of the Ministry of Internal Affairs. The DGT is involved in several areas concerning road traffic: traffic control, law enforcement, technical projects, etc. Regarding law
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making, the DGT is the main organ within the Ministry of Internal Affairs that provides recommendations for future laws, including technical advise on several issues concerning safety and traffic.
2. Directorate General for Road Transport (DGTC): integrated in the Ministry of Transports and Public Works. The main aim of DGTC concerning road transport legislation is to provide technical guidelines for road transport and to issue recommendations and elaborate legislation according to those technical advises. The target areas of this department are vehicle certification, elaboration of technical rules, transport licensing and provision of rules for vehicle inspection. More precisely, within DGTC, the Sub-directorate General for Regulations (SGON) is in charge of several issues concerning law making:
- Elaboration of drafts and projects for future laws in co-ordination with other departments of the Ministry of Transports and Public Works, Ministry of Internal Affairs (namely the DGT), Ministry of Science and Technology (mainly in technical areas such as certification of vehicles or spare parts), Regional Governments, etc.
- Participation in European Union projects concerning harmonisation and new legislation, including the transposition of the new EU rules into Spanish law.
3. Directorate General for Road Infrastructure (DGC): Integrated in the Ministry of Transports and Public Works. This directorate is in charge of the continuous control of the National Road Network in terms of technical conditions and safety. It is also in charge of the preparation of any project for new or upgraded road infrastructure. In the scope of law making, the DGC has two main roles:
- Controlling the safety conditions of the road network and proposing improvement projects through the General Law of State Budget (on a year basis).
- Proposing drafts for laws resulting from the adoption of international regulations concerning safety issues in the field of the road infrastructure construction and use.
4. Council for Road Traffic and Safety (CSTS): under the presidency of the Ministry of Internal Affairs, this consultative body is integrated by different agents of the transport industry (unions, professional associations, user associations, etc), the Central Government, Regional and Local Governments with competencies in the transport sector. The CSTS is in charge of the co-ordination of policy implementation but also has competencies on advising the Ministry of Transport and the Ministry for Internal Affairs on the application of international agreements or proposing measures to improve safety in road transport.
2. Analysis of Law Enforcement Bodies
Several police agencies are in charge of the main tasks regarding law enforcement for road traffic and safety. This diversity is mainly due to the political organisation of the Spanish State. The main police bodies involved in law enforcement functions are:
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- Local Police: these local entities are in charge of law enforcement in urban areas, undertaking any kind of inspection, alcohol controls, speed controls, etc.
- Civil Guard (Guardia Civil): in charge of law enforcement in the National Road Network and in minor roads outside urban areas, except in those Regions (Comunidades Autónomas) with competencies on road traffic and safety, which have their own police agencies.
- Basque Country Regional Police (Ertzaintza): in charge of law enforcement in interurban roads into the geographical area of the Basque Country.
- Catalonia Regional Police (Mossos d’Esquadra): in charge of law enforcement in interurban roads into the geographical area of Catalonia.
There are other public entities with competencies on law enforcement. These agencies mostly deal with technical certification and supervision of vehicles and inspection of transport conditions. The main administrative bodies involved are:
1. Directorate General for Road Traffic (DGT): integrated within the structure of the Ministry of Internal Affairs, the DGT is involved in several areas concerning law enforcement:
- Management of the traffic control centres located in several major cities (including Madrid, Barcelona and Valencia), and the aerial fleet dedicated to traffic surveillance (17 helicopters covering the National territory).
- Co-ordination of overall traffic management with on-the-spot traffic management by the Civil Guard and other police agencies.
- Application of national campaigns for the improvement of safety conditions according to the introduction of new laws or road traffic regulations.
2. Directorate General for Road Transport (DGTC): integrated in the Ministry of Transports and Public Works. Concerning law enforcement, the main tasks of the DGTC are vehicle certification, licensing of transport activities and vehicle inspection. Within the DGTC the Inspectorate General for Land Transport (IGTT) is the department in charge of the direct enforcement of several issues concerning safety and road transport. The IGTT has competencies in:
- Licensing of professional transport activities, individuals as well as firms.
- Undertaking inspections on the recording equipment of transport vehicles (for passengers and freight) in order to check the fulfilment of the legislation on resting and driving times.
- Technical inspections of vehicles, in co-ordination with the regional governments.
- Technical inspections and certification of transport equipment, vehicles and spare parts in co-ordination with the Minister of Science and Technology.
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- Co-ordination of on-the-spot inspections carried out by police agencies, mostly concerning the accomplishment of all legal conditions regarding freight and passenger transport.
3. Directorate General for Road Infrastructure (DGC): Integrated in the Ministry of Transports and Public Works, this directorate is in charge of the continuos control of the National Road Network in terms of technical conditions and safety. In more precise terms, the DGC supervises:
- The uniformity of the safety conditions of the diverse categories of roads and the application of new international conventions or EU regulations in the matter.
- The accomplishment of construction regulations related to safety in projects of new road infrastructures or in projects for upgrading existing infrastructure.
- The maintenance of road signalling and the application of any international convention or regulation concerning road signalling.
3. Enforcement Framework
Generally the offences related to driving requirements, professional transport, safety equipment, traffic rules and vehicle characteristics are considered administrative and thus they are followed by an administrative sanction under the Spanish traffic law. The only infractions considered as criminal are the following ones:
• Driving under the effects of alcohol or drugs. It is considered administrative sanction once the legal limit is exceeded. For being considered a criminal sanction, a judge must declare that person was driving “under the effects of alcohol”.
• Involuntary homicide, as a consequence of any traffic infraction. Any traffic infraction causing damages will induce a criminal process, but not because of the traffic infraction, but because of the consequences.
When this happens, the administrative procedure stays in “stand by” until criminal resolution is pronounced. If the sentence finds the infractor guilty, the administrative procedure is cancelled without a declaration of administrative responsibility. If, in contrast, the infractor is innocent, administrative process restarts and a resolution will be held. Hence, automatic closing applies during the criminal procedure.
Traffic Agents are responsible for checking the infractions, while for sanctioning the responsibility is split in interurban roads (DGT – Traffic General Directorate) and urban roads (City Council). Checks usually consist of random and specific checks (especially for alcohol and speed).
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The graduation of the sanctions is done considering three factors: the seriousness of the infraction, the infractor records for past infringements and the risk created. The fine is executed and has to be paid within 15 days after becoming final. Between notification and adjudication the maximum lapse of time is of 3 months.
Records are kept in the Drivers and Infractions Register for 6 months. The aim of the Register is to target the non- compliance problems and fine tune control and enforcement activities. Six months after the obedience or prescription of serious/very serious sanctions, the record kept serves only for statistical purposes, and it is no longer considered as an aggravating circumstance in future infractions.
Infractions are considered prescribed after 3 months (for light infractions), 6 months (for serious infractions) and 1 year (for very serious infractions). The sanctions prescribe one year after the final resolution.
Regarding professional transport, traffic police (Guardia Civil) and specialised transport inspections are responsible for control and enforcement of professional transport. Controls comprehend random checks, specific checks and accidents investigation. Professional transport is also under the responsibility of the DGT – General Directorate of Traffic.
4. Sanction Regime
The Law 19/2001 of 19 December establishes the minimum and maximum sanctions according to the nature of the infringement. It was seen necessary a more specific graduation of the sanction taking into account modifications in responsibility, namely aggravating and mitigating circumstances. For this reason each sanction (light, serious and very serious) is divided in 5 sections, and the 3rd section is taken as the referential section when neither aggravating nor mitigating circumstances occur.
Infraction Type Minimum Maximum Reference
Light infraction 0 ⁄ 90 ⁄ 60 ⁄
Serious infraction 92 ⁄ 300 ⁄ 150 ⁄
Very serious infraction 302 ⁄ 600 ⁄ 450 ⁄
Likewise, the other 4 sections if each sanction level have a reference as follows:
Light infractions:
1º 2º 3º 4º 5º
10 ⁄ 30 ⁄ 60 ⁄ 70 ⁄ 90 ⁄
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Serious infractions:
1º 2º 3º 4º 5º
100 ⁄ 120 ⁄ 150 ⁄ 220 ⁄ 300 ⁄
Very serious infractions:
1º 2º 3º 4º 5º
310 ⁄ 380 ⁄ 450 ⁄ 520 ⁄ 600 ⁄
Circumstances modifying responsibility:
Aggravating circumstances:
• Related with the infractor: 1. Infractor records for past infringements, 2. Deliberate infringement • Related with traffic: 1. Interfering with the traffic flow, 2. Adverse weather conditions • Other conditions: 1. Reduced visibility, 2. Civil works in the place of infringement, 3. Pedestrian circulation in the place of infringement • In the case of professional transport: 1. Exceed by 75% (or more) maximum driving time, or 2. Reduce by 75% (or more) minimum resting time
Mitigating circumstances:
a) Lack of risk due to the infringement (in moment, place, weather, traffic intensity or incidence on traffic,
b) Any other similar reason.
No traffic infraction is criminal, except:
Speed excess
Therefore, the Spanish sanctioning framework is the following one:
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1º 2º 3º 4º 5º Light infractions 10 30 60 70 90 2 records for SI 1 record or 2 or more mitigating or 1 mitigating circumstance Referential section 1 record SI + 1 record VSI2 circumstances other aggravating or circumstance 2 aggravating circumstances Serious infractions 100 120 150 220 300 2 records for SI or 1 record SI + 1 record VSI + Suspension of driving or license 2 aggravating circumstances
1 record How long is the suspension? 2 or more mitigating or 1 month By default 1 mitigating circumstance Referential section circumstances other aggravating 2 month With 3 records for SI circumstance or 2 for SI + 1 for VSI or 3 aggravating circumstances 3 month With 4 records for SI Or 3 for SI + 1 VSI Or 2 SI + 2 VSI Or 2 VSI Or 4 aggravating circ.
2 SI = Serious infraction VSI = Very serious infraction Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 119 PT
Very serious infractions 310 380 450 520 600 2 records for SI 1 record or 2 or more mitigating or 1 mitigating circumstance Referential section 1 record SI + 1 record VSI circumstances other aggravating or circumstance 2 aggravating circumstances 2 months suspension of 1 month suspension of driving licence driving licence 3 months suspension of driving licence
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5. Statistics on Checks and Infractions
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6. Feedback Loop
The feedback loop is done by the DGT – General Directorate of Traffic based on the statistics and specific studies on enforcement practice.
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Country Report: Greece
1. Analysis of Legislative Bodies
New laws concerning road traffic rules and road safety are issued within the Greek parliament. When laws have been put into force various bodies are responsible for executing them(Traffic Police, Ministry of Transport, Local Government (NUTS IV) Police Authorities and Ministry of Finance). These bodies include both national and regional institutions (NUTS IV).
At national level the Greek government (Ministry of Transport) is responsible for issuing new laws, raising public awareness and providing information. Enforcement of Road Traffic Rules is the responsibility of the Greek government, although this does not necessarily mean that only governmental bodies are concerned with the enforcement of RTR.
Regarding Hierarchy of legislative bodies it should be stressed that the old law 2094/1992 has issued the present Road Traffic Code. Due to several changes in the Greek legislation (law amendments, bilateral agreements, EU protocols & agreements, introduction of local governments’ rights & obligations) the Greek parliament has introduced a multiparty committee in 1996 in order to examine the road safety regulations in Greece. A new decree in 1996 gave the power to the Ministry of Transport & Communications to introduce a 9-member council for Road Traffic Code revision. The Council has introduced its amendments to the Minister of Transport. The Greek Parliament had voted the new law at 1999. In 23.3.1999 the President of the Hellenic Republic has certified the new law 2696/1999.
At this point we can classify in this point all those agencies in charge of very varied duties concerning traffic control regulations.
Legislation: Greek Parliament, Greek Government, Ministry of Transport, Ministry of Environment & Public Works, Ministry of Finance, Regional authorities (Municipalities & Prefectures), Council for Road Traffic Code.
Law enforcement: Traffic Police, Municipal Police, Courts, Ministry of Transport Safety & Environments Directorate, Ministry of Finance (Tax Authorities) and Municipal Tax Departments.
2. Analysis of Law Enforcement Bodies
The final aim of this part is to understand how law is enforced in terms of police agencies and safety/certification agencies involved, as well as courts involved in the process of sanctioning. Thus, a first distinction has to be made in terms of how/who enforces the law and how/who applies sanctions.
The traffic police are responsible for Road Traffic Code enforcement in whole Greek State. There is a special role concerning enforcement of local, regional and national police. Each Region (NUTS III) has his own police department located in the capital city of each region. It is responsible for the law enforcement in each region. Each municipality (NUTS IV) has its own local police department (municipal police) for selected Road Traffic Code articles enforcement (e.g. article 52).
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Traffic Police is depending on Ministry of Public Order, the Municipal Police is depending on its Municipal Council, the Tax Authorities are depending on the Ministry of Finance and the Department of Safety & Environment on the Minister of Transport.
3. Enforcement Framework
Control and enforcement framework
A sole judge system is applied.
Automatic closing dossier is applied: 12 (twelve) months after violation verification.
A simplified administrative procedure is applied:
- There is a 14 (fourteen) days appeal period. If the violator does not protest the verification during that time, the violation is considered valid.
- Paying the fine within the 14 (fourteen) days halves the sum and takes the case of the court loop.
- Otherwise, tickets not paid within 14 (fourteen) days reach local courts and are dealt with on a case basis.
- Very serious violations (excessive speeding, > 1.1 BAL, red light violation, etc) call for arrest and immediate trial on the next morning (manifest procedure).
Control and enforcement practice
There is no definite period between verification of violations and adjudication of sanctions. When the fourteen days are over, the case is entered in the local courts timetables. Even though first hearing usually takes place within 3 (three) to 6 (six) months (less than 12 (twelve) months in any case), it may take even 2 (two) years until sanctions are definite and payable. Even when sanctions are definite and payable, it is not so certain that they will actually be paid. It is estimated that 50% of all sanctions are never paid.
Records are kept by the various authorities that are competent for each district, violation, and case. This includes:
- Municipal authorities (parking tickets)
- Ministry of Transport and Communications (point system records, driving licenses, administrative matters, professional transport, road conditions, vehicle characteristics, road worthiness tests, etc)
- Ministry of Environment, Spatial Planning and Public Works (road conditions, works, etc)
- Ministry of Public Order - Traffic Police (all infringements directly related to traffic, serious parking violations, some of road related violations)
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- Ministry of Employment and Social Security (professional transport)
- Ministry of Health (death and injury related accidents, BAL controls)
- Ministry of National Economy and Economics (definite sanctions forwarded to tax department for collection)
- Ministry of Justice (sanctions adjudicated by courts)
- Road managers (infringements taking place in their networks)
Even though all these records are known to be kept, there is no officially prescribed procedure for them (except for the point system). Their characteristics, formats and availability are up to the competent authority’s discretion.
There is no central agency or department pointed out to keep, control and publish traffic law implementation statistics.
• The only registry with an official scope is the point system record. All others serve the authorities keeping them in any way they choose. Traffic Police is the only authority with a declared policy about traffic violations records, even though it is not legally prescribed. The aim of their registries is to fine tune control and thus improve traffic safety.
• The amount of sanctions is supposed to be annually reported by Traffic Police since 1998. Nevertheless, these announcements are not exactly annual, nor extensive and thorough. Only fragments of the real records are reported and the usefulness of the publication is rather questionable for any one else than the Ministry.
• No data what so ever is available about checking authorities’ budgets, unless one is a specialized economist and can draw such information from the National Budget.
Professional transport specifics
No special regulatory framework exists for professional transport. An endless number of relevant acts are scattered throughout the legislation (RTC, Employment Code, Social Security Code, and other Codes).
The main law making body is supposed to be the Ministry of Transport and Communications (MTC). Yet, since Employment provisions predominate all others, it is rather questionable whether MTC should prepare such legislation without the input of MESS.
Central authorities (Ministries) draft the implementation provisions.
Control and enforcement is done by:
• Traffic Police • Specialized transport inspectors • Customs Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 135 PT
• Tax department • Mixed task forces
Checks conducted are:
• Random road checks • Specific road checks • Company visits • Accident investigation
Random and specific road tests are considered most effective enforcement methods, when and if they are carried out (which is rather rare).
4. Sanction Regime
Traffic violations in Greece are described as either misdemeanors or delinquencies. No felonies are related to traffic violations. Even causing a death inflicting accident under the influence of illegal substances is treated as involuntary manslaughter (delinquency).
No special courts exist. However, some of the competent general courts (misdemeanors’ or delinquencies’) are unofficially specialized in traffic violations. All traffic violations are lead to courts unless fines are paid within 14 days. Only parking tickets are dealt administratively without a court intervention, unless the violator protests the violation.
Four types of sanctions exist:
1. financial penalties 2. other administrative penalties 3. imprisonment 4. points in the driver’s record
These are imposed independently of each other, on a violation specific basis. There is only one exception regarding the financial penalties that are attached to imprisonment penalties according to the penal code (regarding delinquencies) and are not included in the general classification of financial penalties.
Financial penalties are divided in five (5) categories:
a) 300 for violations related to severe, possibly deadly, accidents. Usually regarding speeding, priority, substances, vehicle condition, and traffic endangerment by altering road conditions (throwing things on the road, dumping dirt, etc.). Major administrative violations are also included in this category (driving licenses, license plates, vehicle characteristics, etc.)
b) 150 ⁄ for violations related to lighter accidents or regarding non-compliance to administrative measures (driving licenses and other administrative controls).
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c) 60 ⁄ for minor violations or violations primarily dealt within other passages of Road Traffic Code or other relevant legislation (technical issues).
d) 30 ⁄ for very light, not endangering violations, like parking, j-walking and other common offences.
e) 15 ⁄ for parking violations related to controlled parking zones and parking time limits.
Fines are halved if paid on the spot or within 14 days.
Administrative sanctions are of four (4) types:
a) Driving license suspension for a period of 20 (twenty) days to lifetime
b) Vehicle license detainment for a period of 20 (twenty), 40 (forty) or especially even more days
c) License plates detainment for a period of 20 (twenty), 40 (forty) or especially even more days
d) Vehicle confiscation until violator pays adjudicated fines and related expenses
These administrative sanctions are imposed independently and on top of other sanctions on a violation basis, mostly regarding the first two classes of financial penalties.
Imprisonment of 1 (one) month to 2 (two) years are effective for some of the violations in the first two categories of financial penalties. For these violations, financial penalties are in accordance with the penal code and may differ from those described for the general category.
Violations with imprisonment liability concern speeding, priority, substances, administrative controls, vehicle condition, traffic endangerment, advertisement, and compliance with police officers’ instructions.
The point system aims mainly the safety related violations. There are four classes of violation severity (3, 5, 7, 9 points) regarding speeding, priority, substances, overtaking, obstructing emergency vehicles, improper carriage of children, improper equipment on the vehicle etc.
A record is kept by a department of the Ministry. When driver ads up 25 points, his license is suspended. To get it back, the violator must attend 50% of the classes (theoretical and practical) prescribed for the category of his driving license and retake the related tests.
If 25 points are added again within five years of reissuing, the license is suspended for 1 (one) year. Furthermore, If 25 points are added again within five years for a third time or more, the license is suspended for a period of 2 (two) years for each 25 points. The same procedure of reissuing the license applies for all cases.
Points are erased 4 (four) years, or 2 (two) for professionals, after the violation they were related to.
Enforcement of the point system is independent to any other sanctions or penalties. Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 137 PT
There is no amnesty or alternative punishment regime in Greece.
5. Statistics on Checks and Infractions
6. Feedback Loop
There is not officially described evaluation process for either enforcement framework or practice. Ad hoc evaluations are carried out by Universities (NTUA in particular) on a targeted part of the procedure, according to the momentary interest of the Government.
Traffic Police claim to conduct internal evaluation of their procedures but such evaluation results do not surface.
Traffic Police and co-competent Ministries (MTC, MESPPW, MPO, MESS) are involved in the Permanent Committee for the Update of Road Traffic Code (RTC). However, no tangible results have been produced by this committee so far.
Traffic Police and other topic experts are said to be consulted during legislation preparation. Since this procedure is not legally prescribed, no one can actually confirm the extension of use for feedback loops, if we accept that such exist.
Obviously no data exists for improvement of enforcement framework or practice due to feedback loop, since no such procedure really exists.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 138 European Union – Final Report – Annex 1 – Country Reports PT
Country Report: France
1. Analysis of Legislative Bodies
The main actors in safety legislation formation are the CISR, the ONISR, the CNSR and the DSCR.
The CISR (Comité Interministériel de la Sécurité Routière – Inter-Ministries road safety committee) was created in 1972 and aims at defining the government policy regarding road safety policy. The chairman of the committee is the Prime Minister; members are representatives from ministries of transport, justice, defence, public health, internal affairs, education. The committee meets regularly to discuss on various questions. This is not a permanent committee, therefore there is a delegate for road safety, deputy of the committee in charge of road safety who prepares CISR’s deliberations, checks the enforcement of its decisions and presents the legislative texts / proposal to the government.
The ONISR (Observatoire National Interminitériel de Sécurité Routière – National Inter-Ministries Observatory on road safety) was created in 1982. The ONISR is the secretary of the CNSR. Its main objectives are:
- Collect, analyse and diffuse statistics on road safety; - Organise studies on road safety; - Assess new measures taken or envisaged on road safety; - Work with the 22 regional observatories in charge of studies at the regional level.
The CNSR (Conseil National de la Sécurité Routière – National council on road safety) was created in 2000 by the CISR in order to:
- Propose to the government measures regarding road safety - Prepare studies on road safety - Assess projects, actions launched by the CISR.
Finally within the Ministry of Transport, the DSCR (Direction de la sécurité et de la circulation routières – Road traffic and safety directorate) is responsible for developing road safety policy related to traffic and transport issues.
Based on the work of these bodies, ministries or MPs will propose laws to the Parliament, where they will be discussed, maybe modified and passed. In France, laws are decided at the national level only. Decrees can be taken at the local level by mayors or prefects but have a lower authority than national laws or decrees. For instance, ban of HGV traffic in a street.
The « Code de la Route » (Road Code) gathers all laws and regulations related to drivers, vehicles upkeep, and applies to all road users: drivers, cyclists, motorcyclists. The « Code de la Voirie routière » is the same sort of document relating to road use.
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2. Analysis of Law Enforcement Bodies
The Ministry of transport is in charge of road safety law enforcement in France are. Different bodies are concerned.
The DSCR (Direction de la sécurité et de la circulation routières – Road traffic and safety directorate). This is the state service in charge of traffic regulation, documents relevant to driving and enforcement of road safety measures. It defines conditions of training and examination to pass the driving license. It launches national campaign on road safety. Regarding the vehicle, it is in charge of the technical control, regulation regarding construction, etc.. It is also in charge of road maintenance definition, traffic signs, safety signs, information, etc..
The DTT (Direction des Transport Terrestres) is in charge of social regulations (driving and rest hours) and transport of dangerous goods.
Specific aspects can be checked by customs (authorisation for international road transport) or State police (weight and dimension of vehicle, road on user charges, regulation on driving hours and rest periods, etc.).
At local level, road maintenance is ensured by the DDE (Délégation Départemental de l’Equipement – depending from the Ministry of Transports) on national and departmental roads in each French “département”. On motorways this is up to the motorway company concessionaire of the road. The police enforce transport safety at the local level and are also involved in road safety campaigns.
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3. Enforcement Framework
In France the Highway Code is part of the penal code. The penal punishment system distinguishes severe crimes, indictable and minor offences. In 2002, 18 368 000 minor offences (60% for standing and parking) were sanctioned and 260 000 indictable offences.
For minor road offences, the simplified fixed fine procedure applies to the first four categories of minor offences (they are 5 categories). The fixed fine removes the need for court action: the criminal procedure is then similar to an administrative procedure. (NB: in the ACCES database, any infraction from 1st to 4th class sanctioned only by a fine is classified as administrative, although it is a penal sanction according to the French law, but the sanction is not decided by a court).
The form, which states the offence and fine, is either presented to the driver on the spot (interception) or sent through post (photograph only or radar and photograph). The driver can oppose the fixed fine: the case is then sent to be heard in the Police court.
There are no special courts or special judges for trying road traffic offences. The cases are heard at a criminal court, for indictable offences, or at the police court, for minor offences. The magistrates in these penal courts (about 6 000 in number) consist of judges, who are independent from the public prosecutors. Criminal courts often have three judges sitting (public prosecutors and their assistants, who are responsible to the Minister for Justice). The police court, which deals with minor offences, consists of a single judge. No automatic closing of dossiers applies.
Severe crimes (involuntary or voluntary homicides, etc.) are punished very severely and tried at the Assizes courts.
Time between initial notification of a violation and adjudication can take from 1 (one) to 6 (six) months. The administrative sanction consists in points diverted from the driving license. It is usually applied several months after the offence.
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Regarding the enforcement of rules for professional transport, controls on roads are made according to the Circular from 20 Oct 97 (transposition of the European directive 95/80). It states that:
- About 10% of all transport of dangerous goods should be checked; - The whole road network should be covered; - It should not take too much time; - A specific list of points to control is in Annex of the Law.
Moreover, a significant number of controls are made on the companies’ premises, as preventive actions or when infractions have been noticed on the road. Company checks are evaluated as effective because of the preventative nature (things can be corrected before they happen on the road) and the ability to address company management with integrated findings (on all possible infringements).
4. Sanction Regime
In France the Highway Code is part of the penal code. Criminal law identifies 3 categories of violations depending on the applicable penalties: crime, indictable offence and minor offence.
The criminal punishment system distinguishes:
(a) Severe crimes which are punished very severely and decided at the Assizes.
(b) Indictable offences which are decided at the criminal courts.
(c) Minor offences (5 categories), which constitute the majority of road traffic offences are in principle decided at police courts, but in most cases are dealt with a simplified penalty – a fixed penalty procedure – up to 1 500 . The level of the fixed fine is determined by the category to which the minor offence belongs (subdivided into 5 severity categories).
For minor offences, the fixed fine procedure, which applies to the first four categories of minor offence, removes the need for court action (NB: the criminal procedure is the same as the administrative procedure – in the ACCES database, any infraction from 1st to 4th class, sanctioned only by a fine, is classified as administrative, although it is a penal sanction according to the French law; but the sanction is not decided by a court). The form, which states the offence and fine, is either presented to the driver on the spot (interception) or sent through post (photograph or radar and photograph). The fine may be either paid immediately to the police (interception) or go to public funds within 3 days following the interception or reception of the postal notification: in this case the fine is reduced. The ordinary payment limit is 30 days: when this period is exceeded the police send details of the offence to the Public Prosecutor for him to ensure payment: in this case the fine is increased. The fines range from 4 to 135 . The level of the fines are defined in the Code of penal procedure (Article R49), there are five categories of fine according to the level of the offence: - 1st class infraction: 4º for offences made by pedestrian (7 if paid after 30 days); - 1st class infraction: 11º (33 if paid after 30 days); - 2nd class infraction: 35 (22 if paid 3 days after the infraction was made; 75 if paid after 30 days); - 3rd class infraction: 68 Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 170 European Union – Final Report – Annex 1 – Country Reports PT
- 4th class infraction: 135 (90 if paid 3 days after the infraction was made; 375 if paid after 30 days); - 5th class infraction: 1 500 .
Indictable road traffic offences and minor offences of 5th class require appearance in criminal court. The most common are the following: illegal alcohol level, refusal to submit to alcohol testing, manifest drunkenness, obstruction or attempted escape, use of the highway for illegal purposes, falsification of registration plates, repetition of the offence of driving without a license, repetition of the offence of breaking the speed limit by more than 50 km/h. The sanction is a fine and suspension of driving license, or disqualification from driving.
Since 1994, the penal code contains articles for prosecution and conviction in the area of road traffic which is "endangering others". It has been strengthening in 2003 for involuntary homicide and injuries in case of alcohol or drugs use, very high speed or driving without driving license. It also contains the option of "alternative" punishments for the principal penalty in the place of conventional punishments such as prison or fines: community service, various remedial courses and medical care in the case of drug dependency.
Depending on the severity of the infractions, drivers can have points diverted from their driving license. Points diverted from the driving license are an administrative sanction.
The point system was introduced in France in July 1992. All driving licenses have 12 (twelve) points. If a driver looses 12 (twelve) points he has to give back his driving license. To be able to pass again his driving license the driver must wait at least 6 (six) months and have a medical and psycho-technical examination. If a driver lost his driving license for the second time within 5 (five) years, he has to wait for a year before being able to pass it again.
Drivers can regain a proportion of the points that they have lost by attending courses. The main venue for regaining the total of points is to wait for 3 (three) years without any further offence, rather than to attend specific courses.
Young drivers (has had a driving license for less than 3 (three) years and has only 6 (six) points) who have lost driving license points have to follow such a training, whatever the offence he made. If he denies doing so, he gets a fine of 135 and can have his driving license suspended for up to 3 (three) years.
5. Statistics on Checks and Infractions
6. Feedback Loop
Rules and practices are evaluated by National Police and ministry of internal affairs; Conseil national de la sécurité routière (inter-ministry council on road safety). Enforcement agencies are generally involved in the law making process.
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Country Report: Finland
1. Analysis of Legislative Bodies
According to the Finnish Constitution legislative power is vested in Parliament, in conjunction with the President of the Republic. Draft bills emanate from the Ministry (e.g. Ministry of Transport and Communications) with responsibility for the matter in question. Projects of wider general significance are prepared in Committees with representatives from the various organs of government, political parties and other interest groups. The interest groups are also invited to comment upon draft legislation.
The Bills drafted in the Ministries are scrutinised by the Council of State in general session prior to their submission to Parliament by the President.
The most important duty of the Parliament is to pass legislation. A new act is adopted or an old amended on the basis of a governmental bill or even of a motion is submitted by a Representative. An adopted act is submitted to the President for ratification.
The President of the Republic, the Government and a ministry may issue decrees (formerly ministerial decisions) pursuant to an act adopted by the Parliament. A decree is hierarchically under the acts, the ministerial decree being lower than the Government decree. Authorities can be by law entitled to give instructions and advisors.
Local authorities (municipalities) are responsible for planning, build and maintain the streets and other than public (state) roads in accordance with the national legislation. Municipalities have their own “rules of conducts”, which can contain topics related to traffic (e.g. prohibiting driving at night time on a certain street). The rules must be in accordance with the national legislation.
In order to enable Parliament to participate in the preparation of European Union legislation while this can still affect the outcome, it is already in the drafting phase notified of new EU proposals and the pertinent positions taken by the Finnish government. This preliminary decision-making is delegated to Parliament's Grand Committee.
The acts and decrees concerning road safety in Finland
Acts: Road Traffic Act (267/1981), Vehicle Act (1090/2002), Third Party Liability Act (279/1959), Dangerous Goods Transport Act (719/1994).
Decrees: Road Traffic Decree (182/1982), Vehicle Registration Decree (1598/1995), Driving License Decree (845/1990), Decree on the use of Vehicles on the Road (1257/1992), Decree on the Construction and Equipment of Motor Vehicles and Trailers (1248/2002), Decree on the Construction and Equipment of 2- and 3-Wheeled Motor Vehicles (1250/2002), Decree on the Road Transport of Dangerous Goods (632/1996), Decree on the Control of Roadworthiness of Vehicles (1245/2002), Decree and Decision on the Safety (127/1999).
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Decisions: Decision on the loading unit, stowage and fixing the load (940/1982), Decision on the Construction of Buses and Coaches (637/1990), Decision on the Road Transport of Dangerous Goods (660/1997), Decision on Abnormal transport (1715/1992).
Advisors: Advisor for Transport of Dangerous Goods (188/1999)
2. Analysis of Law Enforcement Bodies
In Finland, independent courts exercise judicial power. The independence of the courts is guaranteed by the Constitution. In addition to courts the administrative field comprises execution, prosecution and legal aid authorities. Civil and criminal cases are heard by district courts which decisions may be appealed against to a court of appeal. There are 66 district courts and six courts of appeal. The court of last instance is the Supreme Court. At the local level the prosecutors are called district prosecutors. The courts are subject to the Ministry of Justice. The Chancellor of Justice and the Parliamentary Ombudsman supervise the legality of the whole administration. The police are in charge of supervising daily traffic. In Finland the police are subject to the Ministry of the Interior. All traffic offences are registered. If the driver receives three fines for traffic offences within one year or four fines within two years, he or she will be disqualified from driving in Finland. The fine for exceeding the speed limit is FIM 400-700 for excess speeds of up to 20 km/h. For a minor traffic offence the fine is a maximum of FIM 300.
3. Enforcement Framework
The control and enforcement is carried out by the local police, the National Traffic Police and by some other authorities, mainly by (certified) roadworthiness inspectors, road authorities, customs and border control. Traffic surveillance by the local police is mainly in built-up areas, while the National Traffic Police concentrate mostly on motorways and other major roads. The National Traffic Police are also responsible for the surveillance of heavy vehicles, which requires special expertise and equipment under EU regulations. There is an aim by authorities to increase automatic traffic safety surveillance in Finland. The length of roads covered by automatic speed surveillance is now slightly over 300 km.
Typical enforcement methods are random checks, thematic checks (aimed at e.g. specific sector, like the condition of tyres, weights), visible and invisible surveillance, checks at the borders and annual roadworthiness tests.
The police use a handbook3 to decide the amount of fines and, for certain offences, if it is possible to give a fixed fine. Fixed fines are typically applied to lesser offences by pedestrians and drivers of non-motorized vehicles or if the offence concerns structure, equipments, standard and documents of the motorized vehicle, disturbing and unnecessary use of the motorized vehicle and other rules of traffic. The only administrative sanctions are given for wrong parking.
Sanctions for the traffic crimes and violations are defined and / or verified at the courts. It is always possible to appeal the sanction (within a week of the announcement). For lesser crimes and violations a sole judge system exists. The fixed fine will become void if it is not notified to the offender within three months from the day the offence took place.
3 KÄSIKIRJA seuraamuksen määräämisestä rangaistusmääräys – ja rikesakkomenettelyssä (1.1.2002/1.9.2002)
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There were 155 477 traffic crimes (speeding 46%, drunken driving 15%) in Finland in 2002; in addition to these figures, 43 017 fixed fines were given for speeding.
The exact numbers of appeals are not available. However, it can be estimated that the number of appeals do not exceed 10% of the sentences of the courts and it is much less (<10%) for the fines on the spot and for petty fines (fixed fines).
4. Sanction Regime
The Finnish Road Traffic Act (267/1981, Chapter 9, Art. 98...105a) and Penal Code (19.12.1889; 545/1999 Ch. 23, Art. 1…11a) define the following traffic crimes:
1. Endangering the traffic safety (RTA Art. 98; PC Art.1) 2. Gross endangering the traffic safety (RTA Art. 99; PC Art. 2) 3. Drunken driving (RTA Art. 100; PC Ch. 23, Art. 3…9) a) Drunken driving (PC Art. 3) b) Gross drunken driving (PC Art. 4) c) Handing over the vehicle to a drunken (PC Art. 8) d) Drunken driving on non-motorized vehicle (PC Art. 9) 4. Traffic escape in the road traffic (RTA Art. 101; PC Art. 11) 5. Driving a vehicle without the right (RTA Art. 102; PC Art. 10) 6. Traffic violation (RTA Art. 103, other violations than the ones stated in Art. 98-102, the sanction is fines; Fixed Fine Act 66/1983) 7. Withdrawal of the sanction measures (RTA Art. 104, if the violation is light considering the circumstances, it is possible to let the violator go without a sanction) 8. Wrong parking and unnecessary idling (RTA Art. 105, the violation is criminal (see 1. and 2. above), only if it has caused or would have caused serious danger or harm. Otherwise the sanction is a (administrative) parking ticket. The same sanction applies to idling. 9. Violation against the social legislation in road traffic (RTA Art. 105a, Directive 3820/85 Art. 5,10,14, 15 or AETR- agreement’s Art. 5 or 11. Sanction is fines. However, the driver is not responsible if the violation is caused by the vehicle owner)
In addition to the above referred traffic crimes, the Penal Code (19.12.1889/Ch. 2a, Art. 8 and 9) and Decree on Fixed Fine Offences (610/1999) define lesser offences in traffic where fixed fines can apply.
Sanctions leading to imprisonment are not defined in the Road Traffic Act (except the kind of sanctions for the points 6, 8 and 9) instead they are defined in the Penal Code (19.12.1889, Ch. 23 (545/1999)). In principle, all the prison sanctions are stated in the Penal Code in the Finnish legislation. These are next described:
1. Endangering the traffic safety: if somebody as a road user, on purpose or on negligence violates the rules concerning traffic, vehicles et al. endangering the traffic, he has to be sentenced to fines or to prison max. 6 months.
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2. Gross endangering the traffic safety: if someone is endangering the traffic safety as a driver of a motorized vehicle (or a tram) and on purpose or on gross negligence: considerably exceeding the speed limit; overtaking when there is not enough visibility as the overtaking is otherwise forbidden; not stopping or giving away when that is required by the traffic safety or otherwise grossly violates the traffic rules so that the crime causes serious danger to the life or health of the others, the driver should be sentenced for gross endangering the traffic safety min. 30 day-fines or to prison max 2 years.
3. Drunken driving: driving a motorized vehicle or tram drunken so that there is alcohol in the blood at least 0,5 o/oo or 0,22 mg alcohol in one litre of the air expelled, the violator shall be sentenced for drunken driving to fines or to prison max. 6 months. The same applies to unprescribed drugs and narcotics, too.
4. Gross drunken driving: 1,2 o/oo alcohol in the blood or 0.44 mg alcohol in one litre of the air expelled; or remarkable reduction in the ability for driving and the circumstances induce danger in traffic, the violator shall be sentenced for gross drunken driving to min. 60 day-fines or to prison max 2 years.
5. Handing over the vehicle to a drunken person: handing over a motorized vehicle to a person who is apparently in the condition to violate the points 3 and 4 above, shall be sentenced for handing over the vehicle to a drunken person to fines or to prison max one year.
6. Drunken driving by a no motorized vehicle: to be sentenced to fines or to prison max 3 months.
7. Driving a vehicle without proper right: one who drives a motorized vehicle or tram et. al without the proper right or without a document showing the required competence, shall be sentenced to fines or to prison max 6 months
8. Traffic escape in the road traffic: if the driver of a motorized vehicle or a tram, involved in an accident, does not stop immediately and does not help the injured, he shall be sentenced (if not otherwise implicated to more severe punishment) for traffic escape in the road traffic to fines or to prison max one year.
Decree on Fixed Fine Offences (610/1999) defines the following (minor) offences with the respective sanction in traffic where fixed fines can apply:
1. Offences by a pedestrian (Art. 3, fixed fine 10 ⁄)
2. Offences by the driver of a non-motorized vehicle (Art. 4, fixed fine 20 ⁄, not applicable for drunken driving)
3. Offences concerning documents of a motorized vehicle (Art. 5, fixed fine 35 ⁄, if moped, 20 ⁄)
4. Offences concerning personal safety devices (Art. 7, fixed fine 35 , applies to passenger, too. Note: even if safety helmet is compulsory for bicyclists, there is no fine for them)
5. Speeding with a motorized vehicle (Art. 8):
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a) Speed limits up to 60 km/h: speeding max 15 km/h, fixed fine 85 ⁄; speeding over 15 km/h, but less than 20 km/h, fixed fine 115 ⁄;.
b) Speed limits over 60 km/h: speeding max 15 km/h, fixed fine 70 ⁄; speeding over 15 km/h, but less than 20 km/h, fixed fine 100 ⁄;
c) Mopeds: speeding max 15 km/h over the max. vehicle speed (45 km/h), fixed fine 50 ⁄.
6. Other offences by the driver of a motorized vehicle (Art. 9. a fixed fine of 50 ⁄ CAN be given to the driver, if he has offended the Road Traffic Act, chapters 1 and 2 (traffic rules and signs; some exceptions. Mopedist: the fine 35 ⁄.
7. Motorized vehicle: disturbing and unnecessary driving (Art. 10. a fixed fine of 35 ⁄.)
8. Offences concerning the roadworthiness test and registration (Art. 11. a fixed fine of 35 ⁄)
9. Offences concerning the person transport by a motorized vehicle (Art. 12, a fixed fine of 50 ⁄)
10. Minor offence of littering (Art. 13, a fixed fine of 50 ⁄)
The amount of the fixed fine varies, and the maximum is set by law to 200 ⁄. The going maximum today is 115 ⁄. One cannot change the fixed fine sanction for a jail term, as it is possible for ordinary fines (2 day-fines equal 1 day in prison, min 4 days, max 90 days).
The sanction for frequent violations against the traffic rules is disqualification of driving. Its basis is stated in the Road Traffic Act (267/1981, Art. 75/5). If the driver has been found guilty to violations defined in the Traffic Act or in the Penal Code (endangering the traffic safety, driving the vehicle without the right or traffic escape including fixed fine for speeding, but not other fixed fine offences) four times in two years or three times in one year, he has to be disqualified from driving for maximum six months.
The new drivers (with the new driver’s license) have first the right to drive for two years. If they are found guilty to above mentioned frequent violations three times in two years or twice in a year, they will be disqualified from driving.
The driver is invited to a briefing, when the number of violations shows that the person's right to drive must be reconsidered. After the briefing, the police decide how the driver's actions influence his/her right to drive.
The police may then disqualify a repeated traffic offender from driving. In some cases the police may issue the driver a warning instead of disqualification. The police can also decide that the driver has to go to a new driver’s test.
According to the instructions given to the police by the Ministry of the Interior, aspects that need to be considered when deciding the duration are the following: 1) the number of violations that are being dealt with; 2) penalties and the number of day- fines; 3) earlier offences and decisions on disqualification cases; 4) how it affects the income and other conditions.
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All traffic violations and offences fall in the before mentioned categories. Lesser offences can be fined on the spot or given a fixed fine4. Gross violations go always to the court. The police have to decide how serious the offence is taking into consideration the circumstances. Thus, the time of the day, weather, were there others involved etc. can affect greatly how serious the violation is. The police use a handbook (1.1.2002 / 1.9.2002) to decide the amount of fines and if it is possible to give a fixed fine for a certain offences.
The police refer to the Penal Code (Ch. 23) and to the relevant articles in the Road Traffic Act or in other laws, decrees and decisions concerning road traffic when defining the crime and respective sanctions.
The handbook defines 256 typical traffic offences where fines are applicable. Every offence has normal fine (amount in day- fines) and variation (minimum and maximum) and also if the fixed fines can be used in the case; e.g. normal fine 10 day- fines, min 5 –max 15 day-fines, fixed fine 35 ⁄.
The amount of day-fines corresponds to the seriousness of the violation. The day-fine is defined as follows: 1/60 of the monthly net-income which is based usually on the last year’s tax assessment less some deductions, available for the police on the spot. If the economical situation of the violator has changed since the last tax assessment (more than +/- 20-25%), the prosecutor/the police can assess the present net-income and use it instead.
Thus, the fine-unit in Finland is a day-fine and it is based on the violator’s social status.
5. Statistics on Checks and Infractions
The statistics of traffic violations and offences are available according to the crime definitions in Finland, but are not very disaggregated. There were altogether around 155 000 traffic crimes in Finland in 2002.
Traffic crimes in Finland in 2002
Violation or offence Amount in 2002 Share (%)
Endangering traffic safety 104 881 68
- speeding - 69 293 - 45
Gross endangering traffic safety 3 027 2
- gross speeding - 2 038 - 1
Drunken driving 9 324 6
Gross drunken driving 13 633 9
Handing over the vehicle to a drunken person 2 112 1
4 Penal Code (19.12.1889/Ch. 2a, Art. 8 and 9) and Decree on Fixed Fine Offences (610/1999).
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Violation or offence Amount in 2002 Share (%)
Drunken driving on a non-motorized vehicle 157 0
Driving a vehicle without driving license 21 804 14
Total 154 938 100
In addition to these figures, 43 017 fixed fines were given for speeding. The figures do not contain parking tickets.
6. Feedback Loop
Rules and practices are evaluated by government bodies and independent research organizations. Research guides the enforcement practice. When certain categories / sectors cause a lot of infringements, thematic actions may be organized. To plan their operations, the police use national, regional and local accident statistics, traffic behaviour monitoring data and, whenever possible, requests made by local residents. The police have a traffic safety strategy, which is based on the Government Resolution on the improvement on road safety.
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Country Report: Italy
1. Analysis of Legislative Bodies
Road traffic legislation in Italy is under a steady process of change and so are associated institutional and administrative settings, due to the transition toward a federal State that started at the end of the 90’s. A National Road Safety Plan has been established in 2000 to enhance and integrate organisational capabilities of both national and decentralised subjects responsible for road traffic and safety. Reshaping policy making in these areas is considered necessary in order to invert a very negative record in road fatalities and accidents.
The process of devolution of responsibilities from central to regional and local governments started at the end of the last decade (Law n. 59 of 15 March 1997) and was further consolidated by introducing constitutional changes in 2000. As stated in the new Title V of the Italian Constitution, the State maintains exclusive powers only on legislative matters that are typical of a federal state, including defence, foreign policy, justice, public order, civil and social rights, welfare and protection of the environment. As defined in Legislative Decree n. 112 of 31 March 1998, in the field of road transport the following functions remain under responsibility of the central government:
• Planning, construction, operation and development and concession schemes for the “road network of national interest” (as distinct from roads transferred to the 20 regions in which Italy is sub-divided and those owned and operated by municipalities); • Traffic regulation as defined in the national Road Traffic Code; • Definition of national standards and technical rules for road safety; • Guidelines and public information concerning reduction of accidents and safety; • Maintenance and development of the national road archive.
The Italian Parliament is the main body in charge for legislation concerning road transport and safety legislation.
The Government may also exercise legislative power by issuing Law Decrees, as recently happened in amending the Road Code with Law Decree n. 151/2003 of 27 June 2003). Law Decrees are urgent legislative measures which, unless turned into Law by Parliament, expire within 60 days from the date of issuing. The national Government is also responsible for reporting each year to the Parliament on “social, environmental and economic profiles of road traffic”. This report is the starting point for the National Road Safety Plan.
In addition to the Ministry of Transport and Infrastructure, key national departments involved in road traffic legislation and regulation are the Ministry of Interior and Ministry of Justice. The Ministries of Environment, of Health and the Ministry of Industry also contribute in providing technical recommendations.
Besides proposing new laws, the Ministry of Transport and Infrastructures is empowered to issuing technical regulations (Ministerial Decrees) implementing framework laws issued by the Parliament.
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At the beginning of the present legislation (2000) functions performed by the late Ministries of “Public Works” and “Transport and Navigation” have been unified and re-organised within the unique Ministry for “Infrastructures and Transport”. Within the new Ministry, road traffic rules are mainly addressed by two divisions at the ‘Department of Land Transport and Statistical Information System’ (DTTSIS):
• General Management of Motorization and Land Transport Safety who sets rules for both vehicles (type approval, registration, roadworthiness tests) and driving licenses (issue, extension, withdrawal, disqualification and driving tests procedure) • General Management of Road Haulage who deals with national and international professional transport of passengers and goods (issue of professional licenses, permits, etc.).
The division for Motorization and Land Transport Safety is in charge for the following tasks:
• Issuing of directives on road traffic, at both urban and extra-urban level, and on related traffic signals; • Predisposition of norms and technical specifications for planning, construction and management of roads, road fixtures and traffic signs; • Type-approving of devices and equipment for control and regulation of road traffic and those for automatic detection of infractions; • Monitoring and assessing safety conditions of the whole road network and reporting to the Parliament each year on the status of road safety; • Promoting road safety with information campaigns and educational programmes; • Co-ordinating and steering the activity of the owners of the roads (the network of national interurban roads is, as a matter of fact, operated almost by 20 concessionaires, by ANAS, the National Road Agency, by the Regions and by Counties and Municipal Authorities) for proper application of technical rules of the Road Traffic Code; • Drawing up and updating every two years the National Plan of Road Safety and related implementation programmes established in 2000 to enhance and integrate organisational capabilities of both national and decentralised subjects responsible for road traffic and safety in order to invert a very negative record in road fatalities and accidents.
The Ministry of Interior co-ordinates Police Forces in their functions, concerning enforcement of road traffic rules.
Legislation concerning road criminal offences is dealt with by the Ministry of Justice.
Regional level
In the absence of specific legislative powers in the field of road traffic, responsibility for planning of transport infrastructures has been substantially strengthened in recent years. In 2001, the process of devolution of planning and administrative functions to the regions was combined with a huge transfer of road assets from the domain of the State to the domain of 20 Regions. Nearly 30 000 km of the national road network have been transferred to the Regions, jointly with responsibility for their operation, maintenance, upgrading and further development in accordance with regional transport plans/budgets. The transfer took place on the road network of 45 500 km that A.N.A.S (the National Road Agency) used to be in charge for operating and developing on behalf of the State since the 30’s.
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Local level
Besides for construction, maintenance and upgrading of local road networks, Municipalities are responsible for regulations concerning local restrictions to road traffic, fixing standing and parking areas and fares, layout of special lanes for public transport etc.
2. Analysis of Law Enforcement Bodies
According to Article 12 of the Road Code the following bodies are entitled for road checks:
• National Police; • Arma dei Carabinieri; • Municipal Police.
Penitentiary Police and Forestal Police are also comprised in the list.
As defined in Art. n. 11 of the Road Traffic Code, the Ministry of Interior is responsible for co-ordinating road police functions implemented by no matter which body on the whole national territory.
Outside urban areas, the Road Police (Polizia Stradale) is specifically responsible for:
• Prevention and detection of road infringements; • Road accidents surveying; • Traffic regulation; • Escort services; • Assistance to drivers.
In addition to the National Road Police Service based at the Ministry of Interior, the body is organised in 19 Regional Departments (almost one for all regions) and 103 County Stations (local level). With an organic of some 12 000 units allowing for 470 600 patrols in 2001 (they used to be 8 321 and 545 424 respectively in 1960) Road Police are concentrating their activity on motorways and national trunk roads.
Given their capillary diffusion in the whole national territory, Carabinieri, a body of the Italian army under responsibility of the Ministry of Defence, are mainly in charge for other roads located outside urban areas (rural roads).
Inside urban areas, control activities are carried out by (thousands of) Municipal Police bodies. In recent years, legislation was introduced to allow "auxiliaries of road traffic" (Ausiliari del Traffico) to co-operate with the Municipal Police with regards of standing and parking, public transport lanes or other specific task designated by the mayor.
Co-ordination of different entities involved in the detection of road infringements at the Ministry of Interiors is proving a complex task and considered a hindrance to both effectiveness of controls and availability of statistic information concerning infringements and sanctions.
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Administrative procedures are dealt with by prefectures that are responsible for withdrawal, suspension or disqualification of driving licenses as well as for appeal against administrative sanctions.
Law court and Lay Judge are responsible for criminal offences. Criminal offences are dealt with by law courts in accordance with general criminal procedure. Driving under the influence of alcohol and drugs are key subjects for Lay Judge.
County front offices of the Ministry of Infrastructures and Transport ("Uffici Provinciali della Motorizzazione Civile") are responsible for technical inspections of vehicles (roadworthiness tests).
3. Enforcement Framework
In 2002 about 2.3 million administrative sanctions were issued (data from National Road Police, mostly related to outside urban areas). An automatic administrative procedure is applied if the offender does not contest the fine: it will be processed automatically without the intervention of a court. The administrative fines have to be notified to the offender within 150 days. Appeal should be lodged within 60 days: the procedure runs through the county administrative bureau (Prefecture) or the Lay Judge, which is a sole judge system (no quantitative data is available). Recently (by means of Law n. 214/2003 of 1st August 2003), new provisions have been set in order to discourage people from lodging an appeal - unless being sure not to be guilty - by imposing the payment of a deposit (double than the amount to be paid when following the automatic administrative procedure). So far lodging an appeal has been an extremely common (and often successful) practice to avoid paying for a fine, even in case of effective infringements.
Automatic closing of dossiers applies: according to Law n. 689/1981, the time of prescription for financial penalties (administrative sanctions) is 5 years.
As far as Lay Judge is concerned (penal sanction process regarding driving under the influence of alcohol or illicit drugs), the trial can't be scheduled later than 4 months and usually the adjudication is immediate.
It is not possible to establish in advance the duration of a judgement for criminal offences. It depends on the kind of procedure chosen by the offender: e.g. plea bargain ("patteggiamento"), shortened proceeding ("rito abbreviato") and direct proceeding ("direttissima").
Concerning enforcement activities, two kinds of sanction registers are kept:
• Registers of sanctions imposed kept by the different entities involved in road police services (as each entity keeps its own register, cumulative national data is not available);
• National Driver Register ("Anagrafe Nazionale dei Conducenti") which is currently under revision to comply with the penalty point system – recently introduced – and which will, eventually, register every kind of sanction imposed to each driver.
As for total annual budget allocated to bodies involved in checks, National Road Police is reputed to be chronically under- financed and under-staffed.
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4. Sanction Regime
Structure of sanctions
The Road Traffic Code is the main act setting provisions, defining offences and therefore sanctions related to road traffic and safety.
Two kinds of sanctions apply in case of infringement of a rule of Road Traffic Code: administrative and criminal.
Criminal sanctions only apply in case of driving under the influence of alcohol or drugs (Lay judge's competence) and in case of other major offences related to road traffic (e.g. unintentional homicide or injuries as a consequence of an accident). Criminal sanction process follows procedures and penalties stated in the Criminal Code.
In all other cases of infringements a pecuniary administrative sanction applies. For each infringement, the due amount of money varies, depending on the severity of the offence, on the offender’s personal status (e.g. frequent offender) and on the payment procedure chosen by the offender (either within 60 days - minimum - or lodging an appeal then rejected - maximum).
The general minimum payable sum is 19.95 ⁄ and the maximum one is 9 296.00 ⁄.
Every two years amounts are updated according to consumer pricing index (CPI).
Whenever an administrative sanction is applied, vehicle owner is jointly and severally liable with the offender to pay the fine, unless he / she is able to prove that the vehicle was circulating against his / her own will (e.g. it was stolen).
Depending on the offence severity different ancillary sanctions may apply either to the driver or to the vehicle:
• Withdrawal of documents (driving license, circulation certificates, plates, etc.): in case of non-compliance with some administrative prescriptions (for example driving with an expired driving license or with a vehicle which has not passed the roadworthiness test), checking entities withdraw the invalid document (driving license or circulation certificate). Driver is not allowed to continue his / her journey. Document is returned to the offender as soon as he / she proves that he / she has accomplished with the obligation prescribed: therefore, the length of the withdrawal depends on driver’s diligence in restoring document validity.
• Suspension of documents: it is imposed by the Prefect in case of severe offence. The length of the suspension period depends on the severity and frequency of the offence.
• Disqualification of documents: by means of this sanction driving license is revoked and no more valid. Drivers occurring in a disqualification are required to retake driving tests. Disqualification of the circulation certificate does not apply in case of circulating with a vehicle with a suspended circulation certificate: vehicle is confiscated (see below).
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• Immobilisation of the vehicle: vehicle is suspended and can’t circulate. This sanction may apply for a fixed period (for example in case of non-use of the safety helmet when prescribed) or for an open-ended period (for example in case of circulating with a vehicle without plates) until the driver has not accomplished with the obligation prescribed. In the last case the length of the immobilisation depends on driver’s diligence in restoring vehicle documentation or equipment.
• Seizure of the vehicle: it is a precautionary sanction and always precedes the vehicle confiscation (it is never applied as a sole measure).
• Confiscation of the vehicle: the State becomes the owner of the vehicle. This sanction apply when finding a vehicle without insurance (and the owner does not want to renew it, e.g. abandoned vehicles) or in case of circulating with a non-registered vehicle (which has not passed technical inspections by the Ministry of Infrastructure and Transport).
• Removal or block of the vehicle: in case of parking in forbidden areas.
Finally the following ancillary sanction is also applicable for particular kind of road traffic and safety rules offences:
• Obligation to restore previous road layout and / or remove unauthorised elements: this sanction applies to subjects who have installed unauthorised elements (for example placards, etc.).
Penalty point system
In addition to the above sanctions a penalty point system has been introduced by Legislative Decree n. 9/2002 of 15 January 2002 and Law Decree n. 151/2003 of 27 June 2003 (amended and turned into law by means of Law n. 214/2003 of 1st August 2003).
Every driving license is initially allocated with 20 points. Then, different amounts of points (from 1 to a maximum of 10) are automatically reduced from the driving license, depending on the severity of the offence committed among a list of traffic rules offences with relevant implications in terms of safety (e.g. driving under the influence of alcohol or drugs, exceeding speed limits, crossing a junction when red light is on, etc.). In case of multiple infractions committed at the same time, 15 points reduction is the maximum applied. Double amount of points will apply to young drivers (within three years after having passed the driving test) starting from 10 October 2003. In case of total loss of points, both theoretical and practical tests have to be retaken. Otherwise, before losing the total amount of points, drivers may attend a driving course in order to award 6 points (9 in case of professional drivers attending specific courses). Two different mechanisms for rewarding a driver’s good behaviour are also provided:
• The total amount of 20 points is reallocated if a driver does not commit infringements for at least a two years period (in case he / she has not lost the whole amount of points);
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• A driver with full amount of points (20) on his / her driving license is awarded with 2 points every two years if he / she does not commit one of the infringements individuated in the above mentioned list. However any driving license is allocable with a maximum total amount of 30 points.
Sanctions for foreigners
According to rules set by the Road Traffic Code, in case of an infringement committed by a foreign vehicle (registered abroad or with an EE license plate), the offender is allowed to immediately pay (on the spot) to the checking entity for the minimum amount set by the norm according to the specific infringement.
Otherwise, the offender has to pay the checking entity for an amount equal to half of the maximum sum set by the norm, as a guarantee. Recently Law n. 14/2003 has set that if the vehicle is registered in an EU Member State, the guarantee to be pay is equal to the minimum sum set by the norm. If the payment is not made, the immobilisation of the vehicle is prescribed, for a maximum period of 30 days.
Recent and future changes in Road Traffic Code
On 27 June 2003, Law Decree n. 151/2003, amending Road Traffic Code, was issued. It set new provisions for traffic rules (penalty point system and checking process relating to driving under the influence of alcohol and drugs above all). This Decree was amended and turned into law by means of Law n. 214/2003 of 1 August 2003. This law sets some new prescriptions (compulsory use of fluorescent clothes, the obligation of obtaining the driving license to drive mopeds also for drivers over 18 years old) which will be in force in the near future (2004 and 2005). Some other prescriptions (previously defined in Law Decree n. 151/2003) have been slightly modified, such as the penalty point system (point’s amounts, regaining mechanism, foreigners’ procedure, etc.) and appeal procedure to Lay Judge.
5. Statistics on Checks and Infractions
Note: the following data only refers to National Road Police (in Italian "Polizia Stradale") checking activities. National Road Police operates outside urban areas. The other checking entities fill in their own sanction register but a unique procedure for data collection and storing still doesn’t exist: that is why aggregated data (at national level and for all roads) related to the total amount of checking activities carried out by the whole of the checking entities is not available.
Percentage total Percentage circulating Checks Amount checks (%) vehicles (%)
Infractions (positive checks) 2 269 808 41,80 5,26
Checks carried out by National Road Police 5 430 237 100,00 12,59
Source: Road Police Service - Ministry of Interior
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Infractions Amount (%)
Exceeding speed limits 553 249 24,37
Driving under the influence of alcohol 21 076 0,93
Driving under the influence of drugs 1 069 0,05
Use of safety helmets 70 089 3,09
Use of safety belts 249 246 10,98
Use of lights 9 247 0,41
Use of mobile phone without "hand free" set 10 968 0,48
Other 1 354 864 59,69
Total 2 269 808 100,00
Source: Road Police Service - Ministry of Interior
6. Feedback Loop
Checking entities (National Road Police, Arma dei Carabinieri, Municipal Police Forces, Fiscal Police, Forestal Police, Penitentiary Police, etc.) are co-ordinated at national level by the Road Police Service of the Ministry of the Interior. This body constantly participates to the revision of Road Traffic Code together with the Ministry of Infrastructure and Transport staff and carries out studies and data processing activities.
However, monitoring activities of road traffic infringements, sanctions and accidents should still be improved, as stated in the National Plan for Road Safety. This Plan, introduced in 2000, also established the National Committee for Road Safety ("Comitato Nazionale della Sicurezza Stradale") and the National Consultancy Committee for Road Safety ("Consulta Nazionale della Sicurezza Stradale"): two permanent structures of discussion on technical and administrative matters with a function of co-ordination among public and private entities involved in road traffic and safety. This co-ordination effort has still to prove its effectiveness.
The recently introduced penalty point system, with the associated register and monitoring procedures, is expected to indirectly enhance the collection of data useful to set the level of compliance of the rules and subsequently make decisions on their revision.
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Country Report: Ireland
1. Analysis of Legislative Bodies
Primary Legislation: The primary level of road and transport safety legislation in Irish government is performed by acts adopted by Parliament. Most of the legislation comes under the Road Traffic Acts.
Rules and Regulations: The Government Department of Environment and Local Regions (DOELR) have published ‘Rules of the Road’, the Irish equivalent to the Highway Code. Rules of the Road set out the duties, responsibilities and prohibitions, which road traffic law imposes on road users. The document also promotes road safety.
Administrative Regulatory Level: There are a number of departments at Government level that are associated with the formation of road and traffic legislation formation. The principle department in charge is the Department of Environment and Local Regions (DOELR). Other departments that have an input in the formation of legislation of this kind are the Department of Transport (DOT) and the Department of Justice, Equality and Law Reform (DOJELR). The DOELR is responsible for overall policy and legislation on vehicle and driver standards.
There are a number of government agencies that assist the principal departments in the formation of road traffic safety legislation. The National Safety Council (NSC) is in charge of promoting, amongst other things, road safety through education, training programmes and publicity campaigns.
The National Roads Authority (NRA) has statutory responsibility for the management of the national roads programme and for the allocation of grants to specific projects on the national road network. Their aim is “to secure the provision of a safe and efficient network of national roads”. The NRA put a lot of work into research for the DOELR to aid in road safety legislation formation.
The Health and Safety Authority (HAS) is responsible for promotion and enforcement of workplace health and safety. They monitor compliance with occupational health and safety legislation and takes enforcement action (including prosecution) where necessary. It is an expert centre for information and advice to employers, employees and self-employed and it promotes education, training and research.
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Road Traffic Safety Legislation Formation in Ireland
2. Analysis of Law Enforcement Bodies
The Garda Síochàna (Ireland’s National Police Force) and the District Courts are both responsible for road safety legislation enforcement. Gardaí assist on a more regional and local level, promoting education and awareness of road safety. There are 340 personnel in the Traffic Corps Unit within the Garda Síochàna who are dedicated to traffic safety duty, which includes road safety issues. Countrywide, there is a structure involving 703 Garda stations and their personnel, for the enforcement of road safety legislation and regulations. The Road Transport Unit enforces laws including all Road Transport Acts since 1932 and EU regulations (including speed, tachographs and driver’s hours) they carry out vehicle inspections to ensure that they comply with all regulations. The Carriage Office is responsible for the supervision, examination and licensing of all Public Service Vehicles and drivers and enforcement of PSV regulations. Dublin Transport Office (DTO) - The Dublin transport Office co-ordinates he implementation by relevant agencies, including Department of Transport, Department of the
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Environment and Local Government, of an agreed integrated transport strategy for the Greater Dublin Area, namely the Dublin Transport Initiative, which was adopted as government policy in 1994. The Medical Bureau of Road Safety (MBRS) carries out the analyses, for their alcohol content, of specimens of blood and urine, provided by the Gardaí by people suspected of drink driving offences. Certificates may be issued that can be used as evidence in prosecution for offences. Other government agencies, including NRA, NSC and HAS also assist at the enforcement stage by raising awareness of road safety legislation and regulations though education and campaigns.
Road Traffic Safety Legislation Enforcement in Ireland
3. Enforcement Framework
Offences related to driver requirements, traffic rules, safety equipment and vehicle characteristics in Ireland are set out in the principal legal instruments; Acts of the Oireachtas (parliament), including the Road Traffic Acts. These are accompanied by
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Bye-laws and Regulations made under the Acts, which typically relate to detailed aspects of road use such as vehicle lighting, insurance, speed limits, vehicle testing, etc.. Offences are classified as summary or non-indictable (i.e. not tried by a jury) offences. As such, they may only be tried by a judge or magistrate (rapidly and without a jury).
Offences are detected and enforced primarily by the An Garda Siochana (police) and traffic wardens. Sanctions include verbal warnings, fines, license endorsement, community service, disqualification and imprisonment. The system is informal, which includes police discretion (at the level of detection) as to whether to proceed with a summons, and at the level of sentencing the replacement of a conviction with a donation to charity.
Traffic laws are enforced by Gardai by stopping offending drivers, speaking to the offender and by taking punitive action. There are three options, issuing a Fixed Penalty Notice (FPN) (currently for speeding, taxation, parking and display of insurance disk offences), a summons to appear in court or arrest. If the offender pays the FPN within 14 days, they are accepting responsibility and will not be prosecuted. If the payment is not made within 14 days, a reminder is sent, followed by a court summons (this happens in 20-25% of cases).
For many of the offences the magistrate currently has discretion regarding the nature and severity of the penalties imposed. Annually about 470,000 FPNs (about 90% by traffic wardens as agents for the police) are issued. Most are parking or tax related. Over 33% of offences detected are road tax/license revenue offences.
The majority of summoned offences are brought to the District Courts. In 1996, nearly 60% of total proceedings initiated by the Gardai in the District Courts related to alleged road traffic offences, many of them safety related. Licenses may be endorsed (repeat endorsements lead to disqualification), there may be discretionary disqualification or mandatory disqualification, the latter for certain drink driving and repeat dangerous driving offences. Gardai can often use their discretion as to whether or not to proceed with a FPN or other form of sanction. This approach seeks to educate and encourage, without compromising good police/community relations.
Regarding professional transport in Ireland, the Gardai, transport officers from the Department of Public Enterprise and Customs and Excise Officers are responsible for the enforcement of road traffic safety rules. Random road checks and company visits are made during the detection of offences.
4. Sanction Regime
The principle acts detailing road traffic and safety offences in Ireland are the Road Traffic Act 2002, Roads Act, 1993 and Finance Act 1976. There are also a number of Regulations and Bye-laws made under these Acts.
Offences are detected and notice of sanctions initially issued by the Gardai, traffic wardens, or other organisations, such as those responsible for National Car Tests (NCT). The majority of road traffic and safety offences that are taken to court are dealt with in the District Court. Whether an offence is administrative or criminal is heavily dependent on the type and severity of offence.
Sanctions include fines, penalty points, endorsement of driving license, disqualification from driving and imprisonment.
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There are ‘on-the-spot’ fines, fines issued with penalty points and fines issued in court, all dependent on the nature and severity of the offence committed.
Licenses are given an endorsement stamp detailing the offender’s conviction for motoring offences. These remain on the license for a period of 3 years. Endorsements on the driving license can lead to an increase in the individual’s insurance premium. Second or subsequent endorsements can lead to mandatory disqualification from driving.
There are three main types of disqualifications from driving in Ireland. The first is where in the opinion of the Gardai and the court; you are unfit to drive a motor vehicle for medical reasons and/or reasons of mental stability (‘special’). If an individual has been convicted of a drink drive offence, no evidence of insurance, dangerous driving, ‘hit and run’ etc, there is an automatic disqualification (‘consequential’). Finally, if an individual has been convicted of repeated motoring offences, a judge may decide on disqualification (‘special’). The maximum disqualification period is life. When disqualified from driving, a mandatory 3-year endorsement is applied, commencing when disqualification ends.
Penalty points were introduced 31st October 2002 with respect to speeding offences only. From December 2003, penalty points will be issued for a total of 69 road traffic and safety offences. Points awarded are added to the offender’s driving license, these points remain on the driving license for a period of 3 years. An accumulation of 12 points at any time within a 3 year period leads to an automatic disqualification for 6 months. There are 2 levels of points for each offence. If the offender pays the associated fine, they are effectively pleading no contest and the lower number of points will be added to their license. If the fine is not paid, and the offender is taken to court and found guilty of an offence, a higher number of points will be awarded to the license.
Periods of imprisonment will be awarded in extreme cases.
5. Statistics on Checks and Infractions
Roadworthiness tests: 536.071 roadworthiness tests carried out in 2002, of these 284.117 failed test in 2002. Road Traffic Offences 2001
Offence N. of Offences Fines Paid Court Proceedings
Non-display of license disc 65 825 32 628 10 329
Parking violations 116 298 62 948 10 024
Speeding 272 228 204 083 30 107
Seatbelt offences 52 459 39 883 4 199
Drink Driving: 11 675 breath tests were carried out in 2001, of which 4 502 were positive, 7 173 were negative and 175 were refused. In total, 6 790 people were convicted of drink drive offences in 2001.
Roadworthiness tests: 536 071 roadworthiness tests carried out in 2002, of these 284 117 failed tests in 2002.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 291 PT
6. Feedback Loop
Registers of sanctions issued and offences relating to motor vehicles are compiled by An Garda Siochana for inclusion in their annual report.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 292 European Union – Final Report – Annex 1 – Country Reports PT
Country Report: Luxembourg
1. Analysis of Legislative Bodies
New laws concerning road traffic rules and road safety are issued within the confines of the Luxembourg democratic system. When laws have been put in to force it is the task of various bodies to execute the law. These bodies include both national and regional institutions. On the national level it is of course the Luxembourg government that is responsible for the issuing new laws, raising public awareness and providing information. The Ministry of Transport is the Ministry in charge of road traffic and its related matters such as drivers’ licenses, technical inspection of vehicles, traffic rules and traffic safety. Enforcement of Road Traffic Rules is the responsibility of the Luxembourg government, although this does not necessarily mean that only governmental bodies are concerned with the enforcement of RTR. Apart from that the Luxembourg government is responsible for the infrastructure of motorways and it facilitates regional authorities through knowledge and financing.
Traffic Legislation in Luxembourg
The Road Code (1955)
The Road Code deals with a code of conduct on the roads. Furthermore it sets the standards for admission on the road, the rules concerning license plates, driver’s licenses and the use of vehicles on roads. The technical condition of vehicles is of course an important aspect of this law. The place of road users on the road, helmets, seatbelts and traffic lights are among the rules laid down in this Code. Of course speeding, overtaking and the lights vehicles should carry in different circumstances are dealt with as well.
2. Analysis of Law Enforcement Bodies
Complementary entities
There are various entities that in one way or another are involved in Road Traffic Rules.
MOT: The Ministry of Transport is the competent national authority. The Service for Drivers Licenses is part of the MOT Police: The Road Traffic Police which is part of the central service of the “Police Grand-Ducale, is in charge of enforcement. SNCT: SNCT (National Society of Technical inspection) as a semi-public body under the control of Ministry of Transport, is a central point in Luxembourg for all technical items directly related to road traffic and to road vehicles. Particularly, SNCT is the only body in Luxembourg in charge of all matters concerning vehicle registration, technical inspection and type approval.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 299 PT
3. Enforcement Framework
The bulk of small offences related to traffic rules, driving requirement vehicle characteristics and safety equipment runs via the ‘Law of 14 February 1955 on Road traffic’.
Since 1997, two new Correctional Courts have been created at the District Court of Luxembourg. These two new Courts are particularly in charge of evacuating dossiers regarding offences against the 14 February 1955 Law on Road Traffic. As a result, since 1997 about 50% of the court decisions were rendered by a “Juge Unique”. About 95 % of the judgements rendered by the “Juge Unique” relate to offences against the 14 February 1955 Law on Road Traffic and about 60 to 65 % of these decisions sanction offences against the rules on drink driving.
Dossiers are not closed automatically after a certain lapse of time. It happens however that the offender cannot be summoned before the Court for example because he has disappeared. In these cases, the dossier is kept pending but is closed as soon as the public action is extinguished either by prescription or for another reason such as death of the offender, amnesty, etc.
Checks
The “Police Grand-Ducale”, which is placed under the authority of the Minister of the Interior, is in charge of checks in matters of traffic offences. As criminal investigation officers (“officiers de police judiciaire” or “agents de police judiciaire”), the “Police Grand-Ducale” members’ conduct is checked under the supervision of the Head of Prosecution (articles 9 and following of the Criminal Proceedings Code).
Regarding the enforcement of rules for professional transport a central position is taken by the ‘Customs supervised in this matter by the Ministry of Transport.
The following enforcement methods are being used:
• Random checks • Thematic checks (aimed at e.g. specific sector) • Company visits • Postal checks
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 300 European Union – Final Report – Annex 1 – Country Reports PT
Especially Company checks are evaluated as effective because of the preventative nature (things can be corrected before they happen on the road) and the ability to address company management with integrated findings (on all possible infringements).
4. Sanction Regime
The Code de la Route is the basis for road traffic rules in Luxembourg. It is regularly amended and has a number of Annexes. Major parts are the Law of 14 February 1955 on Road traffic and the “Arrêté grand-ducal” of 23 November 1955. Other additional important legislation is specified within the Criminal Proceedings Code.
In Luxembourg, the “judicial year” (“année judiciaire”) goes from 15 September of one year to 14 September of the following year. Statistics are established per judicial year. Data are only available form the Criminal and Correctional Courts of the District Court of Luxembourg of which a major part of court decisions are rendered by a “Juge Unique”, meaning the Correctional Court sitting as sole judge. About 95 % of the judgements rendered by a “Juge Unique” relate to offences against the 14 February 1955 Law on Road Traffic.
The primary challenge encountered during the sanction procedure lies in finding the offender. Luxembourg is a small country with heavy transit. Problems are encountered while summoning the offender before the Court. It is often impossible for the Public Prosecutor to relocate the offender abroad. The same problem applies to presumed offenders who are supposed to be heard by the police or witnesses who are supposed to be heard in Court. Luxembourg rules are applicable to foreign drivers in case they violate the law on Luxembourg territory.
As far as foreign drivers are concerned, article 16 of the 14th February 1955 Law on Road Traffic lays that if an offender, who does not have his normal residence in Luxembourg, does not pay the amount charged in case of a chargeable warning (“avertissement taxé”) immediately, must deposit an amount designed to cover the fine and potential judicial costs. Article 17 of the same law lays that the vehicle of the foreign offender can be retained, if the latter does not deposit the amount designed to cover the fine and potential judicial costs.
The “Police Grand-Ducale”, which is placed under the authority of the Minister of the Interior, is in charge of checks in matters of drink driving, speeding and seat belt use. Customs is responsible for dangerous goods and driving times and rest periods.
The list at the end of this section gives an overview of all organisations involved in control and enforcement of road traffic rules.
As criminal investigation officers (“officiers de police judiciaire” or “agents de police judiciaire”), the “Police Grand-Ducale” members’ conduct is checked under the supervision of the Head of Prosecution (articles 9 and following of the Criminal Proceedings Code).
Judicial Courts take penal sanctions in most matters.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 301 PT
Members of the “Police Grand-Ducale” are allowed to issue chargeable warnings (“avertissements taxés”), which imply the payment of an amount of money fixed according to the seriousness of the offence committed, in case of a minor offence in matters of speeding and in case of non use of seat-belt. Administrative sanctions can be taken by the Minister of Transport (Article 2 of the Law of 14 February 1955 on Road traffic).
Both the “Police Grand-Ducale” and the Public Prosecutor are represented in a national commission on road traffic (“Commission de Circulation de l’Etat”) of which some of the duties are to study and elaborate laws and regulations on road traffic.
Co-ordination takes place both at a national and at a regional level. The Public Prosecutor is responsible for co-ordination at the national level, while the Regional Directors of the “Police Grand-Ducale” co-ordinate at the regional level.
Administrative sanctions can be taken by the Minister of Transport (article 2 of the Law of 14 February 1955 on Road traffic).
Administrative Offences
25 - 250 ⁄:
• Any violation of article 3 concerning authorised dimensions of the vehicle, signs on vehicles (e.g. disabled driver etc), changing of original engine parts for by non-original engine parts and of authorised motor horn capabilities • Any violation of article 4 concerning periodical testing of vehicle
25 - 500 ⁄:
• Speeding • Not giving right of way • Traffic lights • Not observing signals of traffic police • Passing vehicles where this is forbidden • No proper tyres
In case of recidivism case will come for judge
Criminal Offences
100 - 500 ⁄
• Alcohol 0.8-1.2 g • 50-1000 ⁄ for abandoning a vehicle on a public road • Using a public road in a way it leads to accidents, 8 days-3 years imprisonment and a fine of 50-1000 ⁄ 8 days - 3 years imprisonment and 251 - 5 000 ⁄ • Overloaded vehicle (more than 10% exceeding permissive weights) • Physical or mental disability to drive a vehicle (e.g. more than 1.2 g alcohol) Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 302 European Union – Final Report – Annex 1 – Country Reports PT
• Refusing a police officer to show vehicle documents
Penalty Points
A recent law of 2 August 2002 introduced the “Permis à points”, a system according to which each driving license is initially affected with 12 points. Points are automatically diverted from the driving license in case of violation of the 14 February 1955 Law on Road Traffic or the 23 November 1955 Grand-Ducal Order on Road Traffic. The number of points diverted, varying from 1 to 6, depends on the violation committed.
Speeding:
Simple Offence: 0 points
Serious Offence: 2 points
Criminal Offence: 4 points
Manslaughter: 6 points
Wounding (injury) 4 points
Driving without valid driving license 4 points
No Insurance 4 points
Overloading 4 points
Alcohol ≥ 1.2‰ 4 points
Recidivist Alcohol ≥ 0.8‰ 4 points
Alcohol ≥ 0.8‰ 2 points
Defect tyres 2 points
Red light offence, neglecting stop signal 2 points
Number of smaller offences 1 point
Driving with a BAC exceeding 0.8 gram/litre (but not exceeding 1.2) is punished with a fine of between 25 and 500 ⁄. In such a case, the immobilisation of the vehicle is permitted and two points are automatically taken off from the driving license.
Driving with a BAC exceeding 1.2 gram/litre is punished with imprisonment going from 8 days to 1 years and/or a fine of between 251 and 5 000 ⁄.
In such cases, immobilisation of the vehicle is permitted and 4 points are automatically taken off from the driving license.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 303 PT
Prohibition of driving can be ordered in any case. The duration of the prohibition of driving, which can be from 8 days to 15 years, depends on the seriousness of the offence committed.
In 2001, 6 979 alcohol checks were conducted. In 2000, 7 823 checks were conducted, of which 1 266 came back positive.
After 1 year working with the penalty points system the following table shows the first results (August 2003):
1 703 persons have 11 points left
6 434 persons have 10 points left
446 persons have 9 points left
394 persons have 8 points left
38 persons have 7 points left
21 persons have 6 points left
3 persons have 5 points left
24 persons have 4 points left
Responsible bodies Control and Enforcement for each topic
Code Topic Responsible body
1 Driving requirements
1.1 Alcohol, drugs and medicines Pol.
1.2 Driving licenses Pol. / SNCH / Min.
1.3 Minimum requirements for liability insurance Pol.
2 Professional transport
2.1 Carriage of dangerous goods Dou. / SNCH / Min.
2.2 Rest and driving times Dou. / (Min.)
2.3 Recording equipment in road transport Dou. / SNCH / Min.
2.4 Speed limitation devices SNCH
2.5 Abnormal (special) transport Min. / Pol. / SNCH
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 304 European Union – Final Report – Annex 1 – Country Reports PT
3 Road characteristics
3.1 Signalling of dangerous places and situations Ponts-Chauss.
3.2 Surrounding elements Ponts-Chauss.
3.3 Clearance of engineering works Ponts-Chauss.
3.4 "E" road network Ponts-Chauss.
4 Safety equipment
4.1 Safety helmets SNCH / Pol.
4.2 Fluorescent clothes SNCH / Pol.
4.3 Use of safety belts and child restraint systems SNCH / Pol.
4.4 Warning triangles, first aid kits and fire extinguisher SNCH / Pol.
4.5 Vehicles breakdowns and accidents signalling (other than SNCH / Pol. warning triangle)
4.6 Child seats on bicycles and mopeds SNCH / Pol.
5 Traffic rules
5.1 Pedestrian crossing Pol.
5.2 Priority schemes Pol.
5.3 Level crossings (rail) Pol.
5.4 Standing and parking Pol.
5.5 Use of lights Pol.
5.6 Boarding and alighting passengers Pol.
5.7 Special lanes Pol.
5.8 Application of local restrictions on road traffic Pol.
5.9 Loading and stowage Pol. / Dou.
5.10 Use of mobile phones Pol.
5.11 Speed limits Pol.
5.12 Distance between vehicles Pol.
5.13 Overtaking Dou. / Pol.
5.14 Change of lanes Pol.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 305 PT
6 Vehicle characteristics
6.1 Classification of vehicles SNCT / Pol.
6.2 License plates SNCT / Pol.
6.3 Special vehicles SNCT / Pol.
6.4 Use of trailers SNCT / Pol.
6.5 Tyres SNCT / Pol.
6.6 Vehicles documentation - circulation and registration SNCT / Pol.
6.7 Roadworthiness tests SNCT / Pol.
6.8 Noise SNCT / Pol.
6.9 Buses and coaches for transport of children SNCT / Pol.
Explanation
Min.:
Actually the Ministry of Transports, 19-21 Bvd Royal L-2938 Luxembourg, Tel. 478-1 http://www.etat.lu (Ministère des Transports) is involved in each domain Mr Jean Welter Tel. 478-4449 – [email protected] (See phonebook: http://apollo.etat.lu/pls/telbook/telbook.bookdep?idMin=2478 )
Pol.:
Police Grand-Ducale - Direction de l’information, 1, rue Pierre et Marie Curie L-2957 Luxembourg, Tel. 4997-2560 - Unité centrale de Police de la Route, 21A, rue du Chemin de Fer – BP.9 L-8005 Bertrange Tel. 26 31 53 – 1 Mr Ewen / Mr Schiltz www.police.lu
SNCH / SNCT:
-SOCIÉTÉ NATIONALE de certification et d’homologation Tel. 357214-250 www.snch.lu -SOCIÉTÉ NATIONALE de contrôle technique Tel. 357214-1 / www.snct.lu 11, rue de Luxembourg, L-5230 Sandweiler M. Camille Gonderinger - Directeur [email protected] M. Armand Biberich [email protected] Mme Julie Pompe (ADR) [email protected]
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 306 European Union – Final Report – Annex 1 – Country Reports PT
Ponts-Chauss.:
- Administration des Ponts et Chaussées, 38, Bvd de la Foire L-1528 Luxembourg, Tel. 45 05 91 http://www.etat.lu (Ministère des Tranvaux publics) http://www.etat.lu/PCH/ - CITA, 21, rue du Chemin de Fer – BP.17 L-8005 Bertrange Tel. 31 05 02 – 1 / 31 05 02 - 316 http://www.cita.lu/ Mr Carlo Bintz [email protected]
Dou.:
(The Customs & Accises Administration is the privileged partner of the Ministry of Transport in the matter of road-side and company checks in road transport – as IVW in NL, VOSA in U.K., BAG in Germany etc.) Direction des Douanes et Accises, Attributions Sécuritaires, 26, Pl. de la Gare L-1616 Luxembourg http://www.etat.lu/DO/actual.htm (under construction - Intranet is not accessible for the public) Mr José Piscitelli Tel.: +352 290 191 – 241 Fax : +352 290 191 – 238 Mob : +352 021 29 09 09 Email : [email protected] / [email protected]
5. Statistics on Checks and Infractions
Traffic fines 2001
Speeding 17 675
Safety belt 2 900
Vehicle/driver documentation 1 440
Prohibited traffic 1 287
Traffic lights 877
Prohibited access 871
Annual technical inspection 741
Transit 578
Illumination 424
STOP signal 207
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 307 PT
Preventive police action
2001 2002
Road blocks 6 928 8 074
Patrols 18 107 18 622
Speed limits and offence classification
Situation Maximum speed Simple Offence Serious Offence Criminal Offence
Residential area 20 km/h 21-35 km/h > 35 km/h > 40 km/h
30 km area 30 km/h 31-45 km/h > 45 km/h > 50 km/h
Within built-up area 50 km/h 51-65 km/h > 65 km/h ≥ 75 km/h
Regional roads
Normal vehicle/motorcycle 90 km/h 91-110 km/h > 110 km/h ≥ 135 km/h
Other vehicles 75 km/h 76 - 95 km/h >95 km/h ≥ 112.5 km/h
Highway (dry surface)
Normal vehicle/motorcycle 130 km/h 131 - 155 km/h > 155 km/h ≥ 195 km/h
Other vehicles 90 km/h 91 – 115 km/h > 115 km/h ≥ 135 km/h
Highway (wet surface, rain)
Normal vehicle/motorcycle 110 km/h 111 - 135 km/h > 135 km/h ≥ 165 km/h
Other vehicles 75 km/h 76 - 95 km/h > 95 km/h ≥ 112.5 km/h
6. Feedback Loop
Rules and practices are evaluated by government bodies
Enforcement agencies are usually involved in the law making process although depending on specific topic this is not considered to be optimal yet.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 308 European Union – Final Report – Annex 1 – Country Reports PT
Country Report: The Netherlands
1. Analysis of Legislative Bodies
New laws concerning road traffic rules and road safety are issued within the confines of the Dutch democratic system. When laws have been put into force it is the task of various bodies to execute the law. These bodies include both national and regional institutions.
On the national level it is the Dutch government that is responsible for the issuing new laws, raising public awareness and providing information. Enforcement of Road Traffic Rules is the responsibility of the Dutch government, although this does not necessarily mean that only governmental bodies are concerned with the enforcement of RTR.
Apart from that the Dutch government is responsible for the infrastructure of motorways and it facilitates regional authorities through knowledge and financing.
On a regional level, the provinces decide spatial planning. Regional special planning needs to fit in with national special planning, just like communal spatial planning needs to harmonize with regional spatial planning. Concerning traffic, the provinces take care of the construction of roads and bicycle paths and the building of bridges. Next to traffic safety, the maintenance of these roads and bridges is an important task of the provinces.
On the local level it is the municipality that plans traffic flows. Municipal councils decide on the construction of roads, parking spaces and residential areas.
Legislation issued on the national level sets the standards, regional and local legislation need to harmonise with national legislation.
Traffic Legislation in the Netherlands
The Road Traffic Law (1994):
The Road Traffic Law deals with a code of conduct on the roads. Furthermore it sets the standards for admission on the road, the rules concerning license plates, driver’s licenses and the use of vehicles on roads. The technical condition of vehicles is of course an important aspect of this law.
Regulation for traffic rules and traffic signs (1990):
The regulation for traffic rules and traffic signs deals more directly with the various traffic rules. The place of the road users on the road, helmets, seatbelts and traffic lights are among the rules laid down in this regulation. Of course speeding, overtaking and the lights vehicles should carry in different circumstances are dealt with as well.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 353 PT
The Decision on Administrative Stipulations for Road Traffic:
The Decision on Administrative Stipulations for Road Traffic (BABW) regulates the placement of Road signs such as traffic signs and traffic lights.
Although these laws fall under the authority of the Ministry of Transport, Public Works and Water Management, enforcement is primarily a task of the Public Prosecutions Department of the Ministry of Justice. The Public Prosecutions Department also gives advice on road traffic rules and evaluates to what degree these rules are enforceable by the police advises on legislation.
2. Analysis of Law Enforcement Bodies
Complementary entities
There are various entities that in one way or another are involved in Road Traffic Rules.
KLPD: The KLPD (Netherlands National Police Agency) is the competent control authority concerning traffic regulations and documents relevant to driving. Furthermore it is competent to control weights and dimensions of a vehicle. The regulations the KLPD sees to are the Road Traffic Law (1994), the Regulation for traffic rules and traffic signs (1990) and the BABW.
RDW: The RDW vehicle technology and information centre is the competent control authority for the technical condition of the vehicle. It is also the body in charge of issuing special permits for excess weight and dimensions. The RDW sees especially to those regulations concerning the technical aspects of vehicles.
IVW: The IVW (State Traffic Inspectorate) is the competent control authority on the use authorisations for international passenger and goods transport. It is also in charge of special authorisations for the transport of dangerous goods and it is the body responsible for control of driving and rest hours.
CBR: The Central Bureau for Driving-ability is the official body for driving examinations and the subsequent issuance of driver’s licenses
3. Enforcement Framework
The bulk of small offences related to traffic rules, driving requirements, vehicle characteristics and safety equipment runs via the ‘law administrative enforcement traffic rules’. In 2002 9.5 million administrative sanctions where issued (75% speeding). Depending on the case, appeal procedures run through a sole judge system (2001: 12 616) and a central administrative bureau traffic control of the Ministry of Justice (Bureau verkeershandhaving OM). There are also plans however to transfer more cases to the latter bureau. The total of appeal cases for the latter bureau in 2002 was 35 829. Central administrative handling of fines and related appeal cases has proven to deliver advantages regarding expertise and scale. It is worthwhile mentioning that the amount of people lodging appeals has increased substantially as result of various internet sites that stimulate and facilitate appeal letters (downloadable standard letters etc.).
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 354 European Union – Final Report – Annex 1 – Country Reports PT
Depending on the case (the maximum penalty) sole judges may decide. No automatic closing of dossiers applies.
The administrative fine (‘beschikking’) will be send to the offender within 4 months. Appeal should be lodged within 6 weeks.
Regarding the enforcement of rules for professional transport a central position is taken by the ‘Inspectorate for Transport (Inspectie Verkeer en Waterstaat), an agency of the Ministry of Transport. They co-operate intensively with other enforcement bodies like the traffic police, tax inspection and customs.
The following enforcement methods are being used:
• Random checks • Thematic checks (aimed at e.g. specific sector) • Company visits • Postal checks (asking to send tachograph sheets)
Especially Company checks are evaluated as effective because of the preventative nature (things can be corrected before they happen on the road) and the ability to address company management with integrated findings (on all possible infringements). Research ‘guides’ the enforcement practice. When certain categories/sectors cause a lot of infringements thematic actions or company visits may be organized. Complexity is sometimes the involvement of many different authorities/agencies with some topics (e.g. dangerous goods.).
4. Sanction Regime
The Road Traffic Law (RTL) is the main law source for road traffic rules. As the Road traffic law was modernized in 1994, no huge revisions are foreseen. The rule making is largely a centralized affair.
The Road Traffic Law – in chapter 11 – specifies precisely which breaches constitute a ‘criminal offence and which ‘an administrative offence’. For accidents involving casualties/wounded, either or not in combination with alcohol, a specific regime applies.
In article 176 of the RTL other criminal offences are specified. These are preventing visibility of license plate, falsification registration, joyriding, alcohol related offences, driving while your license has been withdrawn, using a license plate that is not yours, giving wrong information to get a driving license/ moped certificate, driving while you were prohibited and no co- operation with alcohol test. For most of these offences a max of 3 months imprisonment or a penalty of the third category applies.
Article 177 of the RTL specifies administrative offences, which are most of other offences. A maximum of 2 months imprisonment/penalty of second category applies.
Sanction regime for guilty on accident which caused casualty is specified in article 175. This can lead to up a 1 year imprisonment or fine of maximum third category. If it is guilty on accident that caused injuries the sanction is up to 9 months
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 355 PT imprisonment or fine maximum second category. If alcohol is involved in the cause of the accidents the maximums for imprisonment are respectively 3 and 2 years with higher penalties
Article 164 specifies special the power to retain drivers license in case of alcohol related offences and other circumstances where traffic safety requires doing so (especially in case of heavy accidents with identified guilty parties of excessive speeding). This includes foreign driver licenses.
Noteworthy further is that the ‘law on economic offences’ makes it possible to impose higher sanctions on companies from the perspective that otherwise the sanctioning would not be effective. Important enforcement instrument is to require transfer all ‘economic gains’ related to the non-compliance with the offence. So for example a calculation will be made regarding the financial advantage of the company, made because of infringement of driver’s hours’ rules. This is the sum to be paid to the authority on top of the penalty already imposed.
Above we refer to different categories of financial penalties. These are:
• Category I: max 225 ⁄ • Category II: max 2 250 ⁄ • Category III: max 4 500 ⁄ • Category IV: max 11 250 ⁄ • Category V: max 45 000 ⁄ • Category VI: max 450 000 ⁄
Usually the regular traffic offences fit in category 1. Within the category maximum, height of most offences is fixes. For example driving through red will cost you 86 ⁄ and speeding up to 10 km/h costs 28 ⁄. The more severe the infringement is the higher the maximum fine, either or not in combination with the possibility to impose imprisonment. Worst case scenario drunk driving plus causing a fatality will result in a maximum fine of 11 250 ⁄ / 3 years imprisonment. There are of course hundreds of infringements. Citizens can calculate their own ‘fine’ on www.om.nl/boetebase. Naturally this is the penal/administrative sanction. In case of drunk driving resulting in a fatality you may expect a civil law procedure of the relatives of the deceased with claims up to millions of Euros.
Category V and VI fines are included in the law on economic offences in order to be able to punish companies that are not likely to be touched by category I-IV fines.
Apart from fines/imprisonment the following sanctions can be applied:
• Withdrawal/suspension of drivers license (especially after repeated speeding/excessive speeding) • (temporary) Confiscation of vehicle • The obligation to restore the situation such that the situation complies with the law (e.g. replacing a driver that has driven too long, reloading the vehicle etc.) • Obligatory driving course (drunk driving) • Returning the economic profits made because of non-compliance (professional transport) • Loose your license to operate (professional transport)
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 356 European Union – Final Report – Annex 1 – Country Reports PT
No penalty point system exists. However if you are guilty of speeding twice in one year (> 30 km/h more as allowed) your case will be brought before court and the DA will require hire fines in combination with conditional or unconditional withdrawal of your driving license. Single offenders that are guilty of speeding of over 69 km/h (compared to what is allowed) will automatically step into this procedure.
5. Statistics on Checks and Infractions
In the year 2002, 6 925 255 offences were made where an administrative sanction was issued for speeding. There are 8.1 million motorized vehicles in the Netherlands. Hence this figure comes down on almost one registered offence per vehicle. There are also data available about the type of road (max speed allowed) where the infringements took place. The most interesting element from these figures is that you can see that most offences take place on 50 km (inner city) routes.
Up to 50 km/h Between 50 and 80 km/h Between 80 and 100 km/h Between 100 and 120 Km/h
52 % 28 % 12 % 8 %
The level of people that use a helmet was, in 2002, 90.6%. Especially the compliance among passengers is poor (75%).
In 2002 a total of 9.5 million administrative sanctions were issued for traffic offences (of which 75% for speeding). The average height of the sanction is around 40 ⁄. Within the remaining 25% / 2.6 million sanctions main categories are: driving without seat belt (22%), no roadworthiness test (12%) and no use of helmet (10%).
Checks in professional transport as executed by ‘IVW’ (Transport Inspectorate) over the year 2001 and 2002. The following statistics can be presented regarding road checks and infringements.
ROAD CHECKS Passenger transport Passenger transport Freight transport Freight transport 2001 2002 2001 2002
Regular controls 3 792 4 129 24 588 27 079
Thematic controls 852 2 774 29 95 (targeted at certain drivers/vehicles)
Percentage non 45.4 35 25 22.8 compliance
Violations (several 3 408 3678 12 396 10 084 violations per control)
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 357 PT
ROAD CHECKS Passenger transport Passenger transport Freight transport Freight transport 2001 2002 2001 2002
Heavy violations 56 53 1669 1 349 drivers hours rules
Overloaded 0 0 2 584 2 276
‘Heavy’ sanctions 378 501 1 777 1 818
Warnings 1 007 955 2 849 2 610
Apart from the road checks company visits play an important role in case of professional transport. For example in road transport 324 company visits took place. The average number of violations was 78 of which 22 heavy violations. On top of that tachographs are scanned through mail.
6. Feedback Loop
Rules and practices are evaluated my government bodies and independent research organizations. On the basis of know how built up the Central administrative bureau for traffic control of the Ministry of Justice instructs enforcement agencies and partly sets quantitative goals for the number of checks etc.
Enforcement agencies are usually involved in the law making process although depending on specific topic this is not considered to be optimal yet.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 358 European Union – Final Report – Annex 1 – Country Reports PT
Country Report: Portugal
1. Analysis of Legislative Bodies
The core legislative body in Portugal is the Parliament. The legislation produced by the Parliament applies to the continental territory, being later adopted by regional legislative bodies (Autonomous Regions of Madeira and Azores) with adaptations whenever justified.
The Parliament produces general framework laws, concerning traffic and safety requirements. All other legislation acts dealing with the development of specific rules are elaborated at the ministerial level. In this case, the Ministry of Internal Affairs and the Ministry of Public Works, Transports and Housing have under control the two General Directorates with most relevance in this scope, respectively DGV and DGTT. All legislative acts performed at this level are approved directly by the Council of Ministers and are designated as Decree-Laws.
The generic classification of the Portuguese traffic and road safety legislation follows the following hierarchy:
Law: approved by the Parliament and proposed by the Parliament, Ministry of Internal Affairs or Ministry of Public Works, Transports and Housing and include the translation into Portuguese legislation of EU regulations and recommendations. The Common Legislative Procedure produced by the Parliament in Portugal lies with Deputies and Parliamentary Groups - in this case the legislative instruments are referred to as Bills - and also with the Government or the Regional Legislative Assemblies - when the instruments are called proposed laws. After admission by the Speaker, the instrument receives an Opinion from the specialist Committee to which it was allocated, before a general debate, which always takes place in Plenary Session. The debate ends with a vote on the whole instrument in general. Next follows debate and vote on the instrument in detail, clause by clause, either in Plenary or in Committee. Certain matters must be debated and voted in detail in Plenary the final text is then subject to a final overall vote always taking place in Plenary. An instrument thus approved is called a Decree of the Assembly of the Republic. The Decree, signed by the Speaker, is sent to the President of the Republic for promulgation (approval). After promulgation, the Decree is designated as a Law, and is sent to the Government for signature by the Prime Minister and is then, finally, delivered to the National Press for publication in the Journal of the Republic (“Diário da República”). The President of the Republic may exercise his right of veto, either because he considers that the instrument approved by the Assembly of the Republic contains measures contrary to the Constitution (therefore requiring an Opinion from the Constitutional Court), or for political reasons which must be stated in a substantiating message. Where an instrument is considered to be unconstitutional, the Assembly may approve amendments and send the instrument back again for promulgation. However, whatever the reason for the veto, the Assembly may always confirm an instrument previously approved by an absolute majority of Deputies in service (or a 2 / 3 majority for certain matters). In such a case, the President of the Republic must promulgate the instrument within one week
Decree Law: these regulations do not need approval by the Parliament and their aim is to develop specific framework laws such as Highway Code that have an impact in traffic safety. These are usually produced by the Ministry of Internal Affairs or the Ministry of Public Works, Transports and Housing and approved directly by the Council of Ministers. Examples of this
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 373 PT regulations are Decree Law n. 114/94 (3rd of May) and Decree Law 265-A/2001 (28th Sept), approving and amending the Highway Code. And example of legislative measures adopted in the period of the present legislature regarding safety is Dec Law n. 236/2002. - Transposing for the internal juridical order the Directive n. 2001/1/EC, of the European Parliament and of the Council, of January 22nd, regarding vehicle Homologation and Relative Technical Units concerning Pollutant Emissions. The bodies in charge of the elaboration of Decree Laws dealing with road traffic and safety are the Ministry of Internal Affairs and the Ministry of Public Works, Transports and Housing.
Portaria/Resolution: legislation aimed at the specification or modification of previously approved legislative items. With regard to road traffic and safety these are elaborated by the Ministry of Internal Affairs or by the Ministry of Public Works, Transports and Housing and, again, approved directly by the Council of Ministers. As an example we have Resolution n. 558/2002 (MAI/MOPTH) constituting work group with the objectives of promoting a survey of the situations whose casualties might have been caused by factors inherent to the characteristics of the road, as well as the quantification of the weight of each one of those factors for the overall casualties and to produce an inventory of the possible causes detected that can be sorted out..
There are three main consultative bodies in charge of producing either advice of elaborate proposal for the text of law. These entities share common core objectives regarding road safety.
Directorate General for Road Traffic (DGV): is integrated in the Ministry of Internal Affairs. The DGV (“Direcção Geral de Viação”) is an administrative body endowed with administrative autonomy whose attributions are the co-ordination, control and planning of efficient policies in the domains of the road traffic safety. Its scope of responsibility is extended to the following areas: drivers, vehicles, circulation, road safety, law enforcement and fines. This Directorate General is in charge of the continuous control of the National Road Network in terms of technical conditions and safety. DST is a subdivision of DGV responsible for the planning and safety of the road network. It is up to DST:
- Promote the norms and applicable regulations to safety equipment in the road network, traffic controlling equipment and its law enforcement; - Develop studies and define rules envisaging to control road traffic; - Analyse and evaluate the application of the regulation of road signalling; - Study the general conditions of traffic and to provide advice about the use of the road network; - Promote the co-ordination and standardisation of procedures of those entities with competence for law enforcement of road traffic by means of the emission of appropriate instructions; - Proceed to studies, analyses and to the presentation of proposals in the scope of its competencies, namely regarding to signalling and traffic; - Approve the use of the equipment for control and law enforcement of traffic; - Approve the signalling of the roads under concession and exploration and verify the conformity of the signalling of the public roads looking at the applicable legislation; - Promote, accompany and evaluate projects of the municipalities in the domain of road safety; - Accompany and support the activities of the municipal commissions in charge of road safety; - Study, propose and develop initiatives pursuing road; - Promote expert review for causes and intervening factors in serious accidents;
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- Accomplish studies on accidents, with view to detect black spots, proposing mitigation measures; - Be responsible for the road infrastructure; - Analyse the accidents and incidents with the vehicles destined to the transport of dangerous substances and to propose mitigation measures regarding accidents with this type of vehicle that may reduce the negative impacts of the occurring accidents; - Ensure the uniformity of the safety conditions of the diverse categories of roads and the application of new international conventions or EU regulations in the matter; - The accomplishment of construction regulations related to safety in projects of new road infrastructures or in projects for upgrading existing infrastructure; - The maintenance of road signalling and the application of any international convention or regulation concerning road signalling.
DGV – ORGANISATIONAL CHART
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Regarding law making, the role of DGV within the Ministry of Internal Affairs is to provide recommendations for law making, including technical advice concerning road safety. Within its structure, DGV counts with sub-divisions DSC, DST, and DSV (see above chart), respectively responsible for all matters concerning Drivers, Traffic, and Vehicles, including roadworthiness test of vehicles, learning and provision of driving licenses. In particular it is also up to DGV to take care of all matters regarding infractions that are not considered as a crime, as specified in the relevant legislation. Furthermore, it is up to DGV to define the nature of the infractions and therefore with an impact on the sanctions to apply (see section “Application of Sanctions”).
Directorate General for Terrestrial Transport (DGTT): is integrated in the Ministry of Transports Public Works and Housing5. It has the mission of promoting the development of the road transport system and to ensure its operation, in such a way that may allow satisfying the mobility and accessibility needs with suitable levels of efficiency and quality. It should also assure the articulation and co-ordination of the road sector with the remaining modes and to collaborate in the definition of the global policies regarding the road transport system. The following items fall under the responsibility of DGTT, according to the Decree Law n. 296/94 of November 17th and DL n. 287/97 of October 22nd:
- Promote the development of the road transport system; - Render technical support to the evaluation and the definition of the policies of the sector; - Assure the definition and adoption of systems of multi-modal articulation at its different levels; - Assure a system of permanent evaluation of the operation of the road transport sector; - Collaborate in the definition of an information policy for the road transport sector and to assure and promote the respective implementation; - Participate in the execution of financial support policies for the road transport sector; - Assure the representation of the Ministry of the Public Works, Transports and Housing near the international organisms, as well as to develop international co-operation in the domain of the terrestrial transports; - Promote the articulation of the road policy measures with the road traffic subsystems; - Define and promote the adoption of norms and patterns to which the road transport system should obey; - Promote the definition of the normative framework of access to the activity to the profession and the market and to guarantee its application; - Promote the definition of a system of professional certification in the road sector and assure its application; - Check the legal framework for road sector; - Ensure the application of the system of penalties; - Ensure the appropriate integration of the components of Road Traffic in the national logistic system; - Support road transport companies namely regarding technical support and evaluation.
National Council for Road Safety: a Resolution approved recently by the Council of Ministers regarding road safety has created a National Council for Road Safety. This body co-ordinates its functions with other bodies intervening on road safety matters. The Council Chairman is the Minister of Internal Affairs and integrates the Chiefs of law enforcement bodies, the General Directors of DGV and DGTT, president of the IEP (Portuguese Road Institute). Among the functions of this Council
5 http://www.portugal.gov.pt/pt/Governo/Competencias/02MOPTH.htm
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2. Analysis of Law Enforcement Bodies
The PSP and GNR, both police bodies, acting upon different scopes assure the law enforcement. While PSP (Public Security Police) acts mainly in major conurbation undertaking any kind of inspection, alcohol controls and speed controls, etc., the GNR (National Republican Guard) is in charge of law enforcement in the National Road Network and minor roads outside urban areas, including villages where PSP is not present.
These two law enforcement bodies are under the responsibility of Ministry of Internal Affairs, which is also responsible for the Directorate General for Road Traffic (DGV):
According to the Article 2 of the Decree-Law 190/946, the control of the execution of the dispositions of the road code and other legislation on traffic is assigned to:
- DGV, through BT (Road Brigade) of GNR and of the technical personnel designated for the effect; - PSP (Public Security Police) and Municipal Police; - GNR (National Republican Guard); - IEP, concerning the national roads, and to the personnel of control of the municipal districts, in the main road, streets and municipal roads.
6 http://www.asjp.pt/legislacao/ce.doc
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It is up to DGV to promote the standardisation of the criteria of exercise of this competence above for the entities referred producing for the effect the necessary guidelines.
3. Enforcement Framework
The bulk of offences related to traffic rules, driving requirements, vehicle characteristics and safety equipment are regulated by administrative law. In 2002, 1.2 million administrative sanctions (data from Directorate General for Road Traffic, DGV) where issued (12% speeding).
An automated administrative procedure applies if the offender does not contest the fine and it will be processed automatically without the intervention of a court. The Regional representative of State (“Governador Civil”) is responsible for the decision on the application of sanctions relative to very serious infractions stated in the Road Code. It is also responsible whenever a plea is presented. For all other cases the DGV is responsible.
The Chapter III of the Portuguese Road Code (Decree-Law 265-A/2001) explains the process upon which the applications of sanctions is based, looking e.g. at the several aspects regarding the severity of the infraction. The next diagram shows how the infractions are processed in Portugal.
Infraction Procedure
Infraction report
Notification personal/registered letter/simple letter
20 days
Pay voluntarily and/or present peal
Suspension of process Resolution for payed light infractions for serious and very serious infractions and for light infractions unpayed
Application of a fine and/or application of a additional sanction
Notification to offender personal/registered letter/simple letter
20 weekdays
Refut resolution judicially Resolution is final
Court Fulfilment of resolution Nonfulfilment of resolution
Pay fine Execution of suspension of driving Report of disobedience crime Judicial execution
If the same action is considered simultaneously crime and infraction to the Road Code, the court responsible for the trial of the crime is responsible for the application of the additional sanction (suspension of the driving license).
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Some road traffic infraction related sanctions are applied on the local by the law enforcement bodies, the driver being immediately identified and made liable for the infraction. The driver is notified in the act, by the delivery of a copy of the infraction note, which allows the voluntary payment for the minimum fine. The consequences regarding additional sanctions also stated, in case the payment is not accomplished during the period foreseen for voluntary payment. Whenever it is not possible either to pay the amount due or to identify the driver (e.g. speed limit infraction) sanction is not subject to immediate application. In such cases, it is up to the law enforcement body to produce a positive identification of the vehicle and then address the respective notification to its registered owner. Most sanctions are applied through administrative procedures
Appeal procedures run through a sole judge system (no quantitative data are available). Appeal should be lodged within 20 weekdays.
Automatic closing of dossiers applies. According to Article 29 of Decree-Law 244/95 of 14 September, the period for prescription of financial penalties (administrative sanctions) is variable in connection with the amount of the fee to pay. If the fee doesn't exceed 3 750 ⁄, the period for prescription is 1 year. In all other cases it will be 3 years.
Concerning technical inspections of vehicles the sanctions are applied directly when vehicles are found circulating. Furthermore if irregular technical conditions are detected in road transport vehicle, the administrative agency in charge (DGTT) can take away the transport license of the vehicle. Police agencies can also undertake on-the-spot inspections regarding technical conditions of vehicles or to check the accomplishment of professional qualifications of drivers. The agents can proceed to apply sanctions and report the incident to the responsible transport agency or to the district courts, in case of more severe infractions. The GNR is currently implementing mobile on-line terminals for electronic payments as part of a wide plan to make payments easier and ensure that sanctions are timely applied.
4. Sanction Regime
The National Road Code is the principle document concerning traffic offences and therefore sanctions related to road traffic and safety.
In case of infringement of a rule of the Road Code, there are two kinds of sanctions: administrative and criminal. Each driver has an individual register (RIC) in which the criminal and administrative infractions (serious and very serious infractions only) are reported.
Criminal Sanctions only apply in certain cases, for example, driving under the influence of alcohol (more than BAL 1.2 g/l), driving without qualification or other general offences related to road traffic. Criminal sanction process follows the procedure and penalties stated in the Penal Code and they are conducted by the Public Prosecutor.
Administrative Sanctions depend on the severity of the infraction. In Portugal the Road Code defines 3 categories of infractions depending on the applicable penalties:
• Very serious infraction: punished only with a pecuniary sanction (fine)
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• Serious infraction: punished with a pecuniary sanction (fine) and with an additional sanction of suspension of the driving license during a period from 1 month (minimum) to 1 year (maximum) • Light infraction: punished with a pecuniary sanction (fine) and with an additional sanction of suspension of the driving license during a period from 2 month (minimum) to 2 year (maximum)
Serious and very serious infractions are stated in Articles 146 and 147 of the Road Code. In all other cases, the infraction is considered light. The pecuniary sanction is set mostly depending on the infringement severity therefore it can vary quite a lot. For instance, driving slowly is punished with a minimum fine of 30 ⁄while driving a vehicle that exceeds legal weights and dimensions can be punished with a fine up to 3 000 ⁄.
The law may also determine additional penalties, over and above a fine, on the basis of the seriousness of the offence and the degree of guilt of the offender. This additional penalty is applied to drivers committing serious or very serious offences, for which they may be banned from driving for one month to one year or for two months to two years.
Frequent offender
The driver is considered a frequent offender whenever he commits a serious or very serious infraction after having been sanctioned for another serious or very serious infraction, committed at least in the last 3 years. In this case, the minimum period of suspension of the driving license for serious and very serious infractions is doubled.
Disqualification
The court can order the annulment of the driving license whenever the driver is considered inadequate to drive motor vehicles and whenever the driver is considered to be dependent on alcohol or drugs. Drivers can be considered inadequate if they commit 3 very serious infractions or 5 serious or very serious infractions during a period of 5 years. The period of annulment of the driving license goes from 1 to 5 years, after which the driver is required to take special driving tests.
There is no penalty points system in Portugal.
5. Statistics on Checks and Infractions
Alcohol checks (2002)
PSP GNR Total
Alcohol checks 107 589 798 882 906 471
Infractions (positive checks) 4 946 24 259 29 205
Source: Directorate General for Road Traffic (DGV)
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Most Frequent Infractions (2002)
Very Serious Amount
Driving under the influence of alcohol 10 432
Exceeding speeding limit 9 978
Illegal overtaking 1 666
Infraction relative to lighting and use of lights 788
Backing in highways 484
Illegal parking or standing 435
Serious
Exceeding speeding limit 99 706
Disregard of stop order 28 243
Cross continuous lines 24 189
Disregard of prohibition signs 16 955
Driving under the influence of alcohol 8 570
Parking/standing in the side of highways 3 492
Disregard of pedestrians on the pedestrian crossing 2 391
Light
Illegal parking or standing 353 214
Driving without seat belt 80 553
Driving without vehicle documentation 53 580
Non submission of vehicle to roadworthiness tests during the legal period 42 008
Driving with headphones 41 514
Exceeding speeding limit 36 046
Use of fog lights when not necessary 19 018
Source: Directorate General for Road Traffic (DGV)
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Very Serious Amount
Standing and parking in dangerous places 125
Infractions to road rules in highways 55
Exceeding speeding limit 874
High beam dazzling 91
Other infractions in highways 235
Other infractions 1 732
Serious
Priority (except highways) 3 057
Change of direction (carriage way, except highways) 1 741
Reverse (except highways) 730
Overtaking (except highways) 1 136
Inversion of direction (except highways) 755
Use of level crossings (except highways) 121
Infractions in highways 672
Disrespect of stop order (police officer, red light, stop signal) 12 657
Exceeding speeding limit 22 237
Cross continuous lines 5 839
Other infractions 9 072
Light
Start a manoeuvre without signalling 642
Incorrect use of sound warning 459
Exceeding speeding limit 9 080
Transport and excess of passengers 601
Incorrect use of special lanes 4 248
Disrespect of traffic signs 27 324
Use of forbidden devices (mobile phones included) 18416
No show of legal documentation 23 008
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Non use of safety helmet 1141
Other infractions to the Road Code Regulation 19 854
Other infractions to road traffic rules 4 994
Change of lanes 299
Noise 1369
Standing an parking 517072
Transport of goods and weight excess 1408
Use of lights and warning signs 3424
Incorrect driving of two and three wheel vehicles 380
Lack of civil liability insurance 6961
Safety belts (non use or not installed) 16435
Other infractions to the Road Code 39244
Infractions to the Road Vehicles Regulation 1122
Driving without legal license 3425
Source: Public Safety Police (PSP)
Very Serious Amount
Priority 38
Overtaking 1 527
Serious
Priority 984
Overtaking 4 023
Light
Non use of child restraint systems 662
Use of mobile phones 14 729
Source: Republican National Guard (GNR)
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Roadworthiness tests (2002)
Type of vehicle number of infractions
Light vehicles 6 624
Light vehicles used in passenger public transport 70
Heavy goods vehicles 310
Instruction (for driving license qualification) 3
Ambulances 3
Light goods vehicles 1 401
Heavy vehicles used in passenger transport 11
Trailers and semi-trailers (gross weight more than 3500 kg) 15
Bus transport 2
Total 8 439
Source: Public Safety Police (PSP)
Drugs checks (2002)
Drug Positive checks
Cocaine 34
Opiate 17
Marijuana 17
Amphetamines 1
Total 69
Source: National Institute of Forensic Medicine
Professional Transport
Infraction Amount
Rest, driving and pauses 9 007
Inadequate organisation of the work by the undertaking - bonus related 9 with distance driven and/or volume of cargo transported
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Infraction Amount
Tachograph with homologation marks but not homologated 61
Lack or use of non homologated tachograph 115
Lack of record, incomplete record or not discriminated record of groups of 2 150 time
Problems with the annotations in the register sheet 1 374
Use of the register sheet for more time than previous planned 1 368
Lack of register sheet 4 830
Use of broken tachograph for over a week 861
Other infractions 864
Total 20 639
Source: Work General Inspection
6. Feedback Loop
Rules and practices are evaluated by the Directorate General for Road Traffic (DGV) of the Ministry of Internal Affairs. The DGV has technical co-ordination and attendance role in relation to the traffic board. The selective checks enforced by police authorities are modified every 3 months after which the respective reports are sent to DGV.
Checking entities (Public Safety Police and Republican National Guard) are always involved in the preparatory process of developing new/modified strategies or rules on enforcement of traffic rules. The authorities are informed of what is needed and send proposals. General indicators have shown that compliance has improved.
There is data transmission between police authorities and DGV that determines the planning of checking process. Selective checks can be chosen according to DGV data.
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Country Report: Sweden
1. Analysis of Legislative Bodies
The primary level of legislation in Swedish government is performed by acts adopted by The Parliament (The Riksdag). The essential acts related to road safety are Act 1978:88, The Public Road Act (Väglagen SFS 1971:948), The Vehicle Act (Fordonslagen SFS 2002:574), all administered by Ministry of Industry, Employment and Communication. Secondary acts are related to penal legislation (Brottsbalken SFS 1962:700), Act on Emission from Motor Vehicles and The Environment Act. Those acts have been administered by Ministry of Justice and The Ministry of Environment.
These Acts are outlining laws, which provide general principles but leave the government to use its parliamentary power to regulate the details, by issued regulations.
The essential regulations are The Road Traffic regulation (Trafikfördningen SFS 1998:1276), The Traffic Sign Act (Vägmärkesförordningen SFS 1978:1101) and The Professional Transport Act (Yrkestrafiklag SFS 1998:490).
The issued regulations are documents providing binding legislative rules that are issued by a relevant Ministry - or a public agency authorised by the Minister - to set forth further rules. The competence to regulate must be positively defined in primary legislation - i.e. the relevant act (The Road Traffic Act and The Public Road Act etc.). The scope of the regulation must not expand the borders of the empowering act. The delegation of powers to issue secondary legislation from Minister to a subordinated agency lies within the authority of the Minister in question.
The Road Traffic Act is administered by the Ministry of Industry, Employment and communication and The Swedish National Road Administration. In general regulations related to The Road Traffic Act and The Public Road Act is mostly issued by The Ministry of Industry, Employment and communication.
The administrative regulatory level has to levels:
- The Generic regulatory level - The Specific regulatory level
The generic regulatory level gives directives to the subordinated (national, regional and local) authorities by departmental circular and guidelines (circular). The specific regulatory level concrete orders to subordinated authorities (tjänsteinstruktion).
Within the area of transport safety the ministerial directives are provided by The Ministry of Industry, Employment and communication, The Ministry of Justice and The Ministry of Environment. Some of the agencies subordinated these Ministries have been delegated powers to issue directives. This concerns The Swedish National Road Administration, The National Tax Board, The Swedish Motor Vehicle Inspection Company.
The lines of directions for the judiciary authorities are formulated by The Attorney General's Office. The direction is an instruction for all underlying judicial organ which means the public prosecutor and the courts.
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Regional legislative bodies: The 7 Regional Road Administrations are authorized to plan, establish and maintain the country roads according to regulation from The Swedish National Road Administration and the national legislation. The regional administration can (in consultancy with the police) adopt local provisions on traffic matters on the county roads. Still the adoption has to be in accordance with the national legislation.
Local legislative bodies: The municipality is authorised to plan, establish and maintain the municipal roads according to regulation form The Swedish National Road Administration and the national legislation. The municipality can (in consultancy with the police) adopt local provisions on traffic matters on the municipality roads. Still the adoption has to be in accordance with the national legislation.
2. Analysis of Law Enforcement Bodies
The National Police Board (NPB) is the central administrative and supervisory authority of the police service. It is also the supervisory authority of the National Laboratory of Forensic Science. The NPB is headed by the National Police Commissioner who is appointed by the government.
Regional and local law enforcement bodies: The police officers that the public most often comes in contact with are normally stationed in one of the 21 police authorities, which operate within the same jurisdictions as the 21 counties in Sweden. The police authorities are responsible for all police work at the local level. The Public Prosecution Service is made up of six public prosecution authorities, each of which is divided into units responsible for a particular geographic area.
3. Enforcement Framework
A simplified administrative system exists for offences related to traffic rules, driving requirements, vehicle characteristics and safety equipment. The Police has in the case of less severe infringements of traffic rules (incl. speeding, seat belt use) been delegated the power to issue penalties (fixed fines) on spot. If paid on spot by the culprit the case is not taken to court. A specific formula is used, issued by the National Prosecutor "Riksåklagaren". An "Order of summary punishment" can be used for crime (e.g. drunk-driving, etc.) for which fine is in the sanction-scale. The sanction is determined by the Prosecutor. A specific formula is used, issued by the National Prosecutor "Riksåklagaren".
Depending on the case (mainly simple cases) sole judges may decide. There are automatic closing to dossiers applied as no sanctions can be imposed and no prosecution made after 2 years from the date of the violation for crime in case of a crime that gives a maximum sanction of 1 year (infringements of traffic rules, dangerous driving), 5 years from the date of the violation of a crime in the case of a crime that gives a maximum sanction of 2 years (gross drink-driving, gross).
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The lapse of time (days) between initial notification of a violation and adjudication (by court or body in charge of the administrative process) is approx. 30 days in average. In average there is a period of maximum 2 weeks from the time the Prosecutor receives the case from the police until decision is taken and the "Order of summary punishment" sent out. The lapse of time for decisions to be taken by the court is on average approx. 1 month (less time in the rural areas and more time in the major cities).
Regarding enforcement of rules for professional transport the police, the car inspection, customs, the SNRA and the prosecutors and courts are the main enforcement entities.
The types of enforcement methods depend on the topics. For transport of dangerous goods the police and the customs may carry out:
• random road side checks • non-random road site checks (e.g. on strategic sites like terminals) • accident investigations • examination of samples through laboratory checks (very rarely) • company checks (terminal checks)
In total the Police carried out more than 7 000 supervisions of dangerous goods transports in year 2000. There were approx. 1 800 shortcomings of the law.
For rest and driving times and recording equipment the Police or Swedish Motor Vehicle Inspection may carry out:
• random road side checks • accident investigations • company checks
In 2002 the police fined 334 for not following rules on driving periods, 396 for not following rules on breaks, 963 for not following rules on rest periods, 1 485 for not following rules on handling of tachograph cards, 102 for not following rules on how tachographs must be installed, 21 for not following rules on storage/handing over tachographs to authorised inspector, and 7 for un-allowed removal of sealing of tachograph.
For speed limit devises and abnormal transport the police may carry out:
• random road side checks • company checks
In 2002 the police fined 5 for wrongly adjusted speed-limitation device, 19 non presence of, or defect speed-limitation device, 12 for driving vehicle with to wide cargo, 49 for driving to wide vehicle, 73 for driving too long vehicle, and 2 for pulling vehicle with to high gross weight.
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4. Sanction Regime
In Sweden, the sanction regime in regard to road traffic rules consists of both criminal and administrative sanctions. For example, suspension of driving license is an administrative sanction administrated by the County Council Board (The Driving License Act). The Driving License Act also allows a driving license to be taken into custody in certain circumstances. The all other infringements of road traffic rules are sanctioned by criminal sanctions. For example, when an offender is caught drunk-driving, two separate processes are initiated, the criminal and the administrative in regard to driving-license.
List of cases where offences may lead to suspension of driving license (administrative sanction):
Offence Administrative Sanction
Alcohol Yes
Drugs and medicines Yes
Rest and driving times Yes, if repeated offences
Safety belt Yes, if repeated offences
Pedestrian crossings Yes
Priority schemes Yes
Level crossings (rail) Yes
Use of lights Yes, if repeated offences
Loading and stowage Yes
Speed limits Yes
Distance between vehicles Yes
Overtaking Yes
Change of lanes Yes
Classification of vehicles Yes, if driving vehicle without having the right authorization for it (wrong driving license category)
License plates Yes, if driving vehicle without having the right authorization for it (wrong driving license category)
Special vehicles Yes, if driving vehicle without having the right authorization for it (wrong driving license category)
Use of trailers Yes, if driving vehicle without having the right authorization for it (wrong driving license category)
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 408 European Union – Final Report – Annex 1 – Country Reports PT
Offence Administrative Sanction
Tyres Yes, if driving vehicle without having the right authorization for it (wrong driving license category)
Two simplified administrative procedures are used in order to speed up the enforcement process; “on-the-spot fines” issued by police officers and “order of summary punishment” issued by public prosecutors. Even though these sanctions are not issued by a court, they are considered as criminal sanctions.
The level of severity of the crime may affect the sanction given. Offences under the Road Traffic Offence Act (1951:649) usually have two levels of severity, for example, “drunk-driving” (fine or imprisonment for a maximum of 6 months) and “gross drunk-driving” (imprisonment for a maximum of 2 years).
Under the Road Traffic Ordinance (1998: 1 276) (traffic rules), the offences are sanctioned by fine. In most cases, there is a fixed fine. There is no different level of severity.
However, in some acts and ordinances, it is prescribed that if the offence is of minor importance/severity, no sanction is issued.
There is no system of penalty points in Sweden.
5. Statistics on Checks and Infractions
Checks and sanctions 2002 2001 2000
Number of breath-tests7 1 280 108 1 141 172 1 108 493
Number of speed infringements 145 078 137 637 143 004
Number of driving licenses confiscated by N/A 11.919 12 247 the Police
Number of reported infringements on 18 975 17 143 16 523 drunk-driving
Number of reported infringements on 4 616 4 645 3 808 drug-driving
Source: The Swedish National Police Board (www.rikspolisstyrelsen.polisen.se)
7 According to the national strategy each police intervention with a driver of a motor vehicle should result in a breath-test.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 409 PT
Next it is presented information concerning all on-the-spot fines issued by the Police during 2002 (in total 244 896). The fines are categorized with an infringement-code. The table below summarizes the infringements on topics used in this project (the figures are rounded off to 50). Since some infringements can be assigned under more than one topic, the assessment of each fine on a topic is subjective.
Topic 2002
Driving licenses (driving without being authorized, 1 350 driving without bringing driving license)
Rest and driving times 2 650
Recording equipment in road transport 1 650
Speed limitation devices 50
Safety helmets 2 600
Safety belt and child restraint system 42 900
Warning triangles 50
Fire extinguishers 100
Pedestrian crossings 500
Priority schemes 5 750
Level crossings 50
Standing and parking 100
Use of lights 9 950
Boarding and alighting passengers 50
Special lanes 3 150
Loading and stowage 2 100
Speed limits 130 850
Distance between vehicles 1.650
Overtaking 1 150
Change of lanes 50
License plates 1 900
Use of trailers 200
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 410 European Union – Final Report – Annex 1 – Country Reports PT
Topic 2002
Tyres 2 500
Vehicle documentation - circulation and registration 5 400
Roadworthiness tests 11 000
Noise 450
Total 230 300
6. Feedback Loop
Rules and practises are evaluated by the Government (Ministry of Industry, Employment and Communication), Swedish National Road Administration (SNRA), National Society for Road Safety (non-governmental organisation working to improve road safety), Group of National Co-operation (gathering the SNRA, the National Police Board, the Swedish Association of Local Authorities and road carrier organisations), Swedish National Road and Transport Institute as well as the Road Traffic Inspectorate depending on the type of rule evaluated.
The enforcement entities are involved in the law making process by making analysis/investigations and reports to the Government. The Government uses these analyses to propose new legislation or changes to existing legislation.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 411
PT
Country Report: United Kingdom
1. Analysis of Legislative Bodies
The primary level of road and transport safety legislation in the UK is performed by acts adopted by Parliament. These may be different for England, Wales, Northern Ireland and Scotland. The next table shows the principle legislation relating to transport safety measures.
Legislation Abbreviation
Functions of Traffic Wardens Order 1970 FTWO
Highway Act 1835 or 1980 (as indicated) HA
Horses (Protective Headgear for Young Riders) Regulations 1992 H(PHYR)R
Motor Cycles (Protective Helmets) Regulations 1980 MC(PH)R
Motorways Traffic (England & Wales) Regulations 1982 MT(E&W)R
Motorways Traffic (Scotland) Regulations 1995 MT(S)R
Motor Vehicles (Driving Licenses) Regulations 1999 MV(DL)R
Motor Vehicles (Wearing of Seat Belts) Regulations 1993 MV(WSB)R
Motor Vehicles (Wearing of Seat Belts by Children in Front Seats) Regulations 1993 MV(WSBCFS)R
Pedal Cycles (Construction & Use) Regulations 1983 PCUR
Public Passenger Vehicles Act 1981 PPVA
Road Traffic Act 1988 or 1991 (as indicated) RTA
Road Traffic (New Drivers) Act 1995 RT(ND)A
Road Traffic Regulation Act 1984 RTRAv
Road Vehicles (Construction & Use) Regulations 1986 CUR
Road Vehicles Lighting Regulations 1989 RVLR
Road Vehicles (Registration & Licensing) Regulations 1971 RV(R&L)R
Roads (Scotland) Act 1984 R(S)A
Traffic Signs Regulations & General Directions 1994 TSRGD
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 441 PT
Legislation Abbreviation
Vehicle Excise and Registration Act 1994 VERA
Zebra, Pelican and Puffin Pedestrian Crossings Regulations and General Directions 1997 ZPPPCRGD
Rules and Regulations: The Highway Code is an essential source of transport rules and regulations to be used by drivers of all vehicles in the UK. It applies to drivers, cyclists and motorcyclists on issues involving the use and upkeep of their vehicles. Much of the previously mentioned legislation is outlined within the Highway Code document, but also other guidelines and rules of the road that are not legally binding are presented.
Administrative Regulatory Level: The UK Government has undergone many changes in relation to departments in charge of transport issues. The Department of Environment Transport and the Regions (DETR) previously had responsibility for the UK’s transport issues until responsibilities were split between two new departments: the Department of Transport Local Government and the Regions (DTLR) and Department for Environment, Food and rural Affairs (DEFRA), in mid 2001. In mid 2002, more changes occurred within DTLR and the Department for Transport (DfT) was created, a department focusing solely on transport issues.
DfT are responsible for overseeing road safety legislation in the UK. There are a number of Government related agencies within the UK that have an input in the research and proposal side of creating legislation.
DfT also receive inputs on legislation from the Northern Ireland Assembly, the National Assembly for Wales and the Scottish Executive.
The Highways Agency (HA) maintains, operates and improves the network of trunk roads and motorways in England on behalf of the Secretary of State for Department for Transport. The main aim of HA is to contribute to sustainable development by maintaining, operating and improving the trunk road network in support of the Government's integrated transport and land use planning policies.
The Driver Vehicle Operator Group (DVO) is a group of five DfT agencies, Driver and Vehicle Licensing Agency (DVLA), Driving Standards Agency (DSA), Vehicle Certification Agency (VCA), Vehicle Inspectorate (VI) and Traffic Area Network (TAN). Although the agencies do a lot of work at enforcement of legislation level, there are key players in the formation of legislation as they develop standards for licenses, drivers and vehicles.
The Health and Safety Executive/Commission (HSE/C) also have a part to play in road and transport safety legislation. HSE/C is a government agency responsible for the safety of workers and public in the UK. The British Standards Institution is a national body responsible for the development of British Standards.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 442 European Union – Final Report – Annex 1 – Country Reports PT
Road Safety legislation formation in the UK
Highways Agency (HA)
Provides advice to DfT on N
highway safety matters O Parliament I Department for Transport Where laws are made T (DfT) for the UK, but separate A Responsible for developing L
Home Office Acts for England Wales S Research into traffic road safety policy related to and Northern Ireland are I traffic and transport issues G
safety issues passed. E L
Scottish Parliament. Y T
National Assembly for Wales Where laws are made E
for Scotland F A
Scottish Executive S
C I
Northern Ireland Assembly F F A R T
Health and Safety British Standards
Executive (HSE) Health Institution (BSI) D and Safety National body responsible for A the development of British O Commission (HSC) R Responsible for the Standards. protection of workers and the public.
P rinc iple Leg islative B odie s/O rganisation s
S econ dary Leg islative B odie s/O rganisation s - C oncerned w ith resea rch on and advice a bout traffic safety issue s, to be used by the principle bodies/organisations
L egal P roces s
C reation o f R o ad Traffic S afety L egislation
2. Analysis of Law Enforcement Bodies
At national level, members of the Driver Vehicle Operator Group (DVO), an agency of DfT, are essential in enforcing transport safety legislation. This group includes Vehicle Inspectorate Agency (VI), Driving Standards Agency (DSA), Driver and Vehicle Licensing Agency (VCA), Vehicle Certification Agency (VCA) and Transport Area Network (TAN). At regional and local level, the police are responsible for transport safety legislation enforcement. Vehicle Inspectorate agency (VI) - The VI are responsible for the enforcement of road safety legislation at national level, including roadside checks (defective vehicles, roadworthiness, overloading and other road traffic offences) weighing vehicles, impounding and accidents. The main aim of VI is to ensure that all vehicles are maintained and operated to the required safety standards. Traffic Examiners carry out the work.
Traffic Area Network (TAN) - There are seven Traffic Commissioners (TCs) that are appointed by Secretary of State for Department for Transport (DfT). Each TC has responsibility for their own geographical area for the licensing of Heavy Goods Vehicles (HGVs) and Public Service Vehicles (PSVs), registration of local bus services and disciplinary action against drivers of HGVs and PSVs. The TCs are assisted by Deputy TCs and supported by a Traffic Area Office (TAO). There are also small
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 443 PT support units, known as Traffic Area Network Units (TANU) situated at the headquarters of DfT. The TOAs and TANU make up the Transport Area Network (TAN).
Law Enforcement Bodies at Regional/Local Level
Police Force - enforces transport safety legislation at both regional and local levels. The police are often involved in road safety campaigns, making the public aware of certain legislation that they must adhere to, but also enforcing this same legislation, such as checking that seatbelts are worn are roadworthy vehicles are being driven.
Road safety Legislation Enforcement in the United Kingdom
Prosecution and Legal Services (PLS) VI’s own prosecutor specifically dealing with offences discovered by P
U the VI and relating
O (mainly) to HGV/PSV R Driving Standards Agency (DSA) vehicles. This is usually G Conducting driver testing, supervising driving done in the magistrates R instructors and trainer schemes for learner O courts and usually in the T motorcyclists. jurisdiction of where the A
R offence was found. E P ) O t T
Driver and Vehicle Licensing Agency
n Magistrates Court E N
e (DVLA) L
Deals with issues E m C Contribute to policy on fitness to drive, collect I n relating to road traffic M r H and supply information to other agencies and E e law. E v
the Traffic Area Offices C V
o R R G
E -
Police Force. O
V F T I Regional enforcement of f N R Vehicle Certification Agency (VCA). D traffic safety legislation ( D E Initial certification of new vehicles and t r
o components largely under European standards p s n a r
T Transport Area Network (TAN)
r Licensing of HGVs and PSVs Fixed Penalty Fines o F
t n e
m Health and Safety Executive t r
a /Commission (HSE/C) p
e Responsible for the protection of workers and
D the public.
Local Authorities Promotes road traffic safety.
Traffic Safety Legislation Enforcement Key
Primary Enforcing Bodies/Organisations
Secondary Enforcing Bodies/Organisations - concerned with legislation promotion and education, aiding primary bodies with enforcement issues
Legal process
Enforcement of Road Traffic Safety Legislation
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 444 European Union – Final Report – Annex 1 – Country Reports PT
3. Enforcement Framework
Offences related to driver requirements, safety equipment, traffic rules and vehicle characteristics are outlined in the Road Traffic Acts and Road Transport Acts of the UK. The majority of these offences are initially detected, and enforcement is made, by traffic wardens or police officers. Traffic violations are part of the criminal legal code in the UK with the exception of parking and vehicle emissions violations. Conditional offers of a fixed penalty can be sent by post at police discretion to violators caught on camera. Most traffic offence cases are sent to the Magistrates’ court.
Offences are dealt with by penalty charge notices, fixed penalty notices (FPN), court proceedings (Magistrates’ court), written warnings, vehicle defect rectification scheme (VDRS), penalty points and referral to medical boards.
For minor offences involving no license endorsement (penalty points), a fixed penalty notice (FPN) is issued (3 004 061 FPN were issued in 2000, 41% for speeding and 44% for parking offences). For stationary vehicles, a FPN may be fixed to a vehicle by a traffic warden or a police officer. In the case of minor offences relating to driving a vehicle, a FPN may be given to the driver, but only by a uniformed police officer. To challenge a Penalty Charge Notice (PCN) or have mitigating circumstances considered the council must be contacted. If the council refuse to cancel the ticket, an appeal may be taken up with an independent tribunal. Regardless of whether the offence involves points or not, only a police officer can decide when to give a FPN.
In the case of an endorseable offence, the driver will be asked to surrender their license and will be issued with a provisional FPN. They are then required to take it to a police station within 7 days. Provided endorsement does not bring the number of penalty points to 12 or more, the provisional fixed penalty will be converted to a substantive one. The license will be returned after the penalty points have been endorsed and the penalty has either been paid or registered as a fine.
The registered owner of the vehicle has 28 days to pay the administrative penalty or request a court hearing (if they consider themselves to be innocent). If this is not done within the 28 days, the penalty will be increased by 50% and registered as a fine after which the court will be able to use all its powers to endorse payment.
For more serious offences the endorsement of penalty points on a license may only be imposed by a magistrates’ court. Most criminal cases primarily go to the Magistrates’ Court (In 2001, 1 316 830 sanctions were imposed in magistrates’ courts for traffic related offences, although 2 026 684 were brought to court). For minor crimes, the cases are dealt with by summary trial by the Magistrate (no jury), known as the District Judge, who has limited sentencing powers. For more serious traffic safety crimes, the district judge decides if there is a case to answer and can then send the case to the Crown Court, to be tried by a circuit judge. Where an appeal is made by an offender in the magistrates’ court, the appeal can be taken to the crown court on matters of fact or law.
Regarding professional transport in the UK, the Vehicle Inspectorate (VI), part of the Vehicle and Operator Services Agency (VOSA), a government agency, are responsible for the enforcement of road traffic safety rules. They have assistance from tax agencies, for general competencies, and trading standards officers. Checks made on vehicles and companies include random checks, specific road checks, company visits and accident investigations
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 445 PT
4. Sanction Regime
The principal acts relating to road traffic and safety legislation, and therefore offences, in the UK are the Road Traffic Regulation Act 1984, Road Traffic Acts 1988/91, and Road Traffic Offenders act 1991.
Offences are detected and notice of sanctions initially issued by the police, traffic wardens or through government agencies such as the Vehicle Inspectorate (VI). The majority of road traffic and safety offences that are taken to court are dealt with in the Magistrates’ Court.
Although guidelines are issued on the sanction to be applied relating to road traffic and safety offences, the sanctions awarded are dependent on the severity of the offence, this also determines whether offences are administrative or criminal.
In the UK, fixed penalty fines and fines awarded in court apply to road traffic and safety offences. The following table shows the level of fines that are awarded in court. The level the offender is ordered to pay relates to the severity of the offence.
1 £200 (285)
2 £500 (712)
3 £1 000 (1 425)
4 £2 500 (3 562)
5 £5 000 (7 124)
Any disqualifications, convictions, acceptance of fixed penalties payments in respect of driving offences are notified to DVLA by the courts. Details are then added to the driver’s record and license. For serious offences, such as drink/drug driving, causing death etc. endorsements must remain on the license for a period of 11 years. For all other offences, endorsements must remain on the license for 4 years.
Disqualification from driving is a sanction applied for more severe road traffic and safety offences, such as drink driving or dangerous driving. The length of disqualification is at the discretion of the judge, but guidelines are issued for each offence.
The UK has a system of penalty points which are awarded for various traffic and road safety offences. The penalty points system is designed so that a license may be endorsed with points, depending on the seriousness of each offence. These points are then accumulated on the license so that a court may determine whether a person may be disqualified from driving if the driver has accrued more than 11 points within a three-year period. This procedure is known as the "totting up" procedure. A person who reaches 12 points within this period will generally be disqualified from driving for at least 6 months.
Since 1st June 1997 newly qualified drivers are under a further restriction known as the "probationary period" which means that if they accumulate just 6 points or more within two years of passing their test, they will have their license entitlement revoked and will be required to re-take their test.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 446 European Union – Final Report – Annex 1 – Country Reports PT
Imprisonment is awarded to offenders of severe offences, such as causing death or more severe levels of drink/drug drive offences.
5. Statistics on Checks and Infractions
Sanctions imposed in England and Wales (2001/2000)
Total findings of N of written N of fixed guilt/Number of warnings penalty notices Offence Type sanctions (Magistrates issued (2001) issued (2000) court) 2001
Driving etc after consuming alcohol or taking 84 173 91 drugs
Driving license related offences 234 094 9 730 2 756
Vehicle insurance offences 292 065 5 188
Professional transport - operator’s license 1 806 271 offences
Seatbelt offences 4 721 144 391
Causing death or bodily harm 8 1
Dangerous driving 3 898 63
Careless driving 36 602 9 536 34 662
Speed limit offences 135 584 17 455 1 232 955
Motorway offences (other than speeding) 2 049 251 6 061
Neglect of traffic directions 29 034 3 279 10 345
Neglect of pedestrian rights 3 435 297
Obstruction waiting and parking offences 14 026 1 648 1 325 049
Lighting offences 11 570 4 975 18 928
Load offences 11 631 884 2 149
Offences peculiar to motor cycles 2 174 364 1 055
Miscellaneous motoring offences 42 531 1 361 5 076
Vehicle or part in dangerous or defective 31 656 1 251 8 774 condition
Vehicle registration and excise license 148 266 1 276 47 501 offences
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of European Union – Final Report – Annex 1 – Country Reports 447 PT
Total findings of N of written N of fixed guilt/Number of warnings penalty notices Offence Type sanctions (Magistrates issued (2001) issued (2000) court) 2001
Vehicle test offences 171 405 12 298 477
Noise offences 2 635 148 997
Drink driving checks: 714 800 breath tests carried out in England and Wales in 2000, resulting in 13.1% positive.
6. Feedback Loop
Registers of offences and sanctions relating to motor offences are compiled by the Home Office. When changes to road traffic rules or the enforcement framework are made or considered, a number of bodies/agencies become involved to give their opinion on the proposed changes. These include Department for Transport (DfT), Health and Safety Executive (HSE), Driver and Vehicle Licensing Agency (DVLA), Driver Standards Agency (DSA), Parliamentary Advisory Council for Transport Safety (PACTS) and Highways Agency (HA).
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 448 European Union – Final Report – Annex 1 – Country Reports PT
This Document was subject to Internal Quality Control according to the Quality Control Procedure for Reports and Proposals (Ref.: P2/12) defined in TIS.PT Quality Management System.
Comparative study of road traffic rules and corresponding enforcement actions in the Member States of 462 European Union – Final Report – Annex 1 – Country Reports