Accompanied by some controversy and published in the Official Gazette on November 25, the new rules of the Highway Code aimed at improving safety will come into force tomorrow, December 14. Zero tolerance will be immediately applied to those caught driving under the influence of alcohol and drugs or using a mobile phone. For some measures – especially those related to e-scooters – a regulation will be needed. A comprehensive reorganization of the Highway Code is also expected within one year.
Let's look at some of the new rules, penalties, and modifications.
Driving under the influence of alcohol
Alcohol limits – meaning the percentage of alcohol in the blood, measured in grams per liter – remain unchanged, but penalties for repeat offenders are harsher. A repeat offender is someone caught driving again with a blood alcohol level exceeding 0.5 g/l within two years of the first sanction. For these individuals, the new Code prohibits the consumption of alcoholic beverages for two to three years (depending on the severity of the infraction) and mandates the installation of an alcolock device, which prevents the engine from starting if a positive alcohol level is detected.
The penalties: if the blood alcohol level is between 0.5 and 0.8 g/l, the fine ranges from 573 to 2,170 euros, with license suspension from 3 to 6 months. For a level between 0.8 and 1.5 g/l, both a custodial and monetary penalty apply, and license suspension varies from 6 months to one year. If the blood alcohol level exceeds 1.5 g/l, both a custodial and monetary penalty are foreseen, with license suspension from 1 to 2 years.
Driving under the influence of drugs
Penalties for driving under the influence of drugs are becoming more severe. The novelty – which has caused much discussion – is that the penalty is not only triggered if the driver is in a state of psycho-physical alteration. It will be sufficient to ascertain consumption through a test, which can detect traces even days or weeks after use, to trigger license revocation and a three-year suspension.
The first objection concerns this automatic mechanism: can someone who is driving perfectly lucidly be penalized simply because they consumed cannabis a few days earlier, perhaps on their sofa at home?
The second concerns therapeutic cannabis users. On this point, the Ministries of Transport, Health, and Interior are working together to define specific rules that exclude sanctionability for patients undergoing pharmacological treatment.
Driving while using a mobile phone
Anyone driving while using a smartphone, notebook, tablet, or similar devices risks – for the first offense – a fine between 250 and 1,000 euros with automatic license suspension for one week, or two weeks if license points are less than 10. In the case of a repeat offense, the fine can reach 1,400 euros and suspension up to three months; suspension up to six months if distraction from a smartphone causes an accident or another vehicle to leave the road. Points deducted will range from 8 to 10.
Bicycles and e-scooters
Their use will only be permitted on urban roads where the maximum speed limit is 50 kilometers per hour. Circulation outside urban centers, in pedestrian areas, and on cycle paths is prohibited. The obligation for license plates, third-party liability insurance, and helmets for all has been introduced, whereas the previous obligation only applied to minors.
More protection for cyclists: in addition to strengthening cycle paths, cars are now required to maintain a minimum distance of one and a half meters when overtaking a bicycle.
The new developments don't end here; we will discuss them in an upcoming update.
