Highway Code

New fines of varying amounts: discounts of up to 50 per cent and increases of 100 per cent are possible

The draft reform moves away from penalties that are almost always the same for everyone. A personalised and complex system. With an unprecedented benefit for motorcyclists

by Silvio Scotti

1 September 2026

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2' min read

Translated by AI

Versione italiana

2' min read

Translated by AI

Versione italiana

Anyone who thinks the penalty system under the Highway Code is complicated may well change their mind upon reading the draft legislative decree on reform: there will be very few cases in which only the basic amount of the administrative fine will apply. The system will resemble the criminal justice system far more than before: the amount actually due will be determined by taking into account a whole range of factors similar to aggravating and mitigating circumstances, some of which apply automatically and others only at the request of the person concerned. The legislator appears to be bringing the general provisions governing administrative road traffic offences into line with the most recent case law and legal doctrine.

How the principle is changing

They will take into account the danger posed by the behaviour, the type of offender and the type of vehicle (which will determine the amount of the fine in far more cases than at present), as well as other aspects of the offence. There will be some entirely new measures, such as discounts for motorcyclists wearing certain items of protective kit.

Over the last 25 years, a number of aggravating factors have been introduced (such as those applying to drivers who cause an accident by breaching a rule, or to those who commit an offence between 10 pm and 6 am), but almost always only for certain offences – not infrequently criminal ones – where the guiding principles are laid down in Book I of the Criminal Code. There are also discounts for those who pay within five days, provided the offence does not entail certain additional penalties.

Now, however, the intention is to introduce a ‘tailor-made’ system, applicable to all administrative offences, unless otherwise specifically provided for. With the idea of a fixed fine for all those who breach a given rule now shelved, penalties will be increased by up to 100 per cent and reduced by up to 50 per cent.

Case studies

For example, the amount is expected to increase:

by one-tenth for those who breach certain motorway regulations, for those with fewer than 20 points on their driving licence or who commit the same offence again within five years, for new drivers who commit certain offences, for those driving cars with an engine power of over 150 kW, and for drivers of heavy goods vehicles and buses;
by one-fifth for offences committed after consuming alcohol or drugs, or causing damage to the road, or whilst transporting exceptional loads;
by one-third if a road traffic accident without injury was caused, or if the driver was driving despite having no points remaining on their licence, or whilst transporting dangerous goods;
by 50 per cent if driving with a suspended licence, with forged documents, or with a missing or irregular number plate, or in a vehicle that has been impounded;
100% if driving without ever having obtained a driving licence.

There is no need to go into further detail, not least because the draft contains a number of inconsistencies which will almost certainly be corrected before it comes into force.

The app

Increases and reductions will be applied automatically by the investigating police authority, following a specific procedure. In some cases, reductions must be requested by the recipient of the report, as these are formalities that are carried out after the report has been issued or served.