The highway code should be updated to curb illegalities and achieve tangible progress in road safety, according to insurers.

Malta Insurance Association director general Adrian Galea said the authorities should take road safety issues seriously, not only with the introduction of harsher penalties but also through effective enforcement including greater use of technology.

He recalled how Transport Malta had said, in May 2021, that it had embarked on “a rigorous exercise to update and streamline the current highway code to reflect the current realities of today”. Three years later, nothing about this exercise was heard. 

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He told Times of Malta the authorities should emulate the changes made by Italy to its highway code, which are expected to come into force by summer.

What does Italy's new code stipulate?

The minimum fine for those using a phone while driving will be €250, rising to a maximum of €1,000, five penalty points and a possible driving licence suspension of between 15 and 60 days. That rises to between €350 and €1,400, 10 penalty points and a licence suspension up to 90 days on the second infringement.

Those caught driving on the wrong side of the road or running a red light will be fined and have their licence suspended.

When it comes to drink driving, the amended Italian highway code provides for a fine of between €573 and €2,170 together with a licence suspension of between three and six months for those with a blood-alcohol content of between 0.5 and 0.8g/l. If this is higher than 1.5 g/l, then the licence can be suspended for up to two years with the possibility of a six-month prison sentence.

A significant change was introduced for those driving under the influence of alcohol or drugs. Currently, if there is suspicion or a positive roadside test result for alcohol or drugs, drivers are taken for follow-up tests in a special health facility. Under the new highway code, the follow-up test was removed and a positive test alone will lead to an automatic licence suspension and eventual revocation, with a three-year ban on reapplication.

When it comes to the protection of cyclists, the new Italian highway code states that drivers of motor vehicles are obliged to maintain a safe distance of not less than 1.5 metres when overtaking.

Galea said these changes are of interest to Maltese drivers as many more are driving in Italy and, with the EU’s Cross-Border Enforcement Directive (2011/82 /EU), it means they too are subject to these penalties if they commit traffic offences in Italy or any other EU member State.

If a driver fails to pay a traffic fine imposed by the authorities of another EU member state, the enforcement and collection of the fine is carried out through cooperation between the relevant authorities in both countries.

This will involve measures such as withholding vehicle registration documents or pursuing legal action to recover the outstanding amount.

Galea said the changes demonstrate how seriously such issues were being taken with not only harsher penalties being introduced but also backed up by effective enforcement including greater use of technology to reach this aim, something the insurance association has been recommending for a long time.

“We appeal to the local authorities to start a public consultation process on the long overdue updating of the highway code so that we can register some serious, tangible progress in the area of road safety,” Galea said.

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