Automotive
EU crackdown on drivers committing traffic offences abroad
Brussels, July 2011 - Drivers will be punished for traffic offences they commit abroad, including the four "big killers" causing 75% of road fatalities - speeding, breaking traffic lights, failure to use seatbelts and drink driving - following a vote in the European Parliament today.
European Commission Vice President Siim Kallas, responsible for Transport said. " "The four big killers like speeding and drunk driving are still responsible for thousands of needless deaths on Europe's roads, and each death shatters a family's life. We know that a foreign driver is three times more likely to commit an offence than a resident driver. These new rules should have a powerful deterrent effect and change behaviour. Many people still seem to think that when they go abroad the rules no longer apply to them. My message is that they do apply and now we are going to apply them."
EU figures suggest that foreign drivers account for 5% of traffic but around 15 % of speeding offences. Most go unpunished, with countries unable to pursue drivers once they return home.
The proposals
The proposal for a Directive on cross border enforcement in the field of road safety aim to remedy that situation. Ministers have reached an agreement on a text that targets traffic offences with a critical impact on road safety, including the four "big killers" causing 75% of road fatilities:
Speeding
Failing to stop at traffic lights
Failing to wear seatbelts
Drink driving
As well as,
Driving under influence of drugs
Failing to wear safety helmets
Illegal use of an emergency lane
Illegal use of mobile phone while driving.
How will it work?
The proposals would enable EU drivers to be identified and thus prosecuted for offences committed in a Member State other than then one where their vehicle is registered. In practical terms, the new rules will allow for an electronic data exchange network to be put in place to allow for the exchange of the necessary data between the country in which the offence was committed and the country in which the vehicle is registered. Once the owner's name and address are known, a letter of information, for which a model is established by the proposed Directive, will be sent to him/her.
It will be for the Member State of offence (where the offence was committed) to decide on the follow up for the traffic offence. The Directive does not harmonise either the nature of the offence nor the penalties for the offence. So it is the national rules in the Member State of offence, according to national law, which will continue to apply regarding both the nature of the offence and penalties .
What happens next?
The legislative proposals need final approval by Member State Governments before becoming law – this should happen in the coming weeks.There is then a two year period for Member States to transpose EU legislation before it comes into force, possibly by 2013.
See Background memo MEMO/11/483 for frequently asked questions on cross border traffic offences.
