New Highway Code: tiered fines for speeding, green light for autonomous driving

“The advantage of the procedure,” explains the report, “is that, in the event of the first roadside check on a vehicle subject to a driving ban, the enforcement procedure for impounding the vehicle is triggered directly by the investigating authority.” Penalties for offences committed with an uninsured vehicle are ‘generally’ doubled, and the number of penalty points deducted rises from five to seven.

Meanwhile, for so-called pedal-powered cycles (such as those used by cyclists), the requirement to wear a helmet and display a registration mark will come into force. As for electric scooters, however, a ban on their use will be introduced where they cause an obstruction or pose a danger to pedestrians.

There will no longer be an ‘obligation’ to carry paper copies of driving licences and vehicle registration documents, as these can be verified electronically by the police. There are also changes regarding the notification of traffic offence notices, to protect drivers and their right to a defence: under the new legislation, local authorities will have 45 days, rather than 90, to serve the notice of offence when the offence is detected remotely and without an immediate challenge, explains the Ministry.

Autonomous driving is included in the very definition of a vehicle and therefore ‘the reference to the fact that the vehicle must necessarily be driven by a driver is removed’. Initially, a supervisor is required on board, ready to take control in emergencies; from the date on which the decree establishing the Observatory on Automated Driving Systems, as provided for in the Code, comes into force, supervision may also be carried out remotely. The supervisor remains responsible for the vehicle’s operation and ‘is treated as equivalent to the driver for the purposes of applying the provisions of the Code’.

Motorcyclists will be required to wear protective gear for their backs and hands whilst travelling on motorways. The report explains that a reduction in fines following an accident is provided for, ‘amounting to half the fine if the motorcyclist complies with the requirement to wear protective gear’. In the event of accidents or traffic delays, motorcyclists are permitted to use the hard shoulder, whilst ensuring that police and emergency vehicles can pass. In heavy traffic, vehicles must make way for motorbikes, mopeds and emergency vehicles, creating a ‘virtual lane’.

The rules for pedestrians are also changing: before crossing, they ‘must stop and check that the drivers of approaching vehicles have seen them and will stop to give them way’. Not only that: the Code introduces new prohibitions on crossing at roundabouts, outside built-up areas, near or at bends or speed bumps; whilst running or without stopping, if they step onto the carriageway by passing between parked vehicles, between queued vehicles or in the presence of other objects that obstruct visibility; on roads where carriageways are separated by barriers, outside pedestrian crossings even if the distance is greater than that usually required; on roads where pedestrians are prohibited from walking.

For people with disabilities, it is now compulsory for local authorities to join the Cude platform (Unified European Disability Badge). Local authorities that fail to comply will not be permitted to use remote monitoring systems to detect offences relating to reserved parking spaces and restricted traffic zones (ZTL).

With regard to the penalty procedure, the notification period is reduced from ninety to forty-five days for offences detected remotely. The report specifies that ‘any enforcement procedure’ must be ‘preceded by a friendly reminder’. The automatic annulment of manifestly incorrect penalty notices is also regulated. The allocation of revenue has also changed, removing the distinction between fines for speeding and other offences, with funds earmarked for enforcement, infrastructure and safety.

In the case of foreign vehicles, where objective difficulties prevent identification or notification, the offence may be notified within the following five years during a subsequent check in Italia. The notification applies to the driver ‘even if they are not the owner at the time of the offence or another party jointly and severally liable’.

In the road haulage, companies’ responsibility for organising work and ensuring compliance with driving and rest periods is being strengthened. The report regards the driver as the ‘weak link in the chain’, whom improper company management could lead to breaching the rules. With regard to driving licences, the document specifies the ‘standard ten-year renewal of Group 1 licences’, including the B licence, ‘up to the age of 65, rather than up to 50’. For the professional transport of goods and passengers, the age limit rises from 68 to 70.