On the 11 March 2015 the European Parliament approved Directive (EU) 2015/413 of the European Parliament and of the Council of 11th March 2015 facilitating cross-border exchange of information on road-safety-related traffic offences.
The objective of this directive is to make easier to apply sanctions on traffic violations committed by vehicles registered in a different EU country than the one where the offence was committed. This directive is another step toward towards the goal of completely harmonizing road regulations in the whole EU. The directive will be further extended not only to the EU but also to the EEA (European Economic Area, i.e. the European Union plus Iceland, Liechtenstein and Norway).
Context of application of Directive (EU) 2015/413
A previous attempt to foster the exchange of traffic information within the traffic authorities of the EU (directive 2011/82/UE), was never put into application since it was deemed illegal by the Court of Justice of the European Union (Specifically on May 6th, 2014 in case C-43/12) on the grounds that the directive had been adopted on the wrong legal basis and should have been based on article 91.1.b of the TFEU (In article 91.1.b of the Treaty on the functioning of the European Union it is stated that the EU is competent and able to to establish measures to improve the general level of read safety).
According to the new directive, the different traffic authorities of the EU can exchange information only on offences that put traffic safety at risk. These will include:
1) speeding
2) failing to use a seat-belt
3) failing to stop at a red traffic light
4) drink-driving
5) driving while under the influence of drugs
6) failing to wear a safety helmet
7) the use of a forbidden lane
8) illegally using a mobile telephone or any other communication devices while driving
Infractions that are not directly affecting traffic safety, like parking
in a prohibited area, are not within the scope of the directive.
As mentioned before the scope of application will be the EU and later
on the whole EEA.
Sanction procedure
The information related to the details of the owners of the vehicles will be exchanged automatically through electronic means (all this within the limits of EU privacy regulation) by the different traffic authorities.
The country where the offence is committed will send to the vehicle owner a notification in one of the official languages of his country. Depending on the case, the procedure can be handed over to the traffic authorities of the country where the vehicle owner is residing.
The directive specifies that the country where the offence has been committed dictates how the procedure will progress and will state if the offence is criminal or administrative.
The directive is already working within the EU since the 6th of May 2015, with the exception of Denmark, Ireland and the UK where it will start on the 6th May 2017.
(News/Legal advice: cross-border traffic offense)