It is too early to discuss introducing stricter laws for reckless driving because existing ones are not being used to their fullest by the judiciary, Prime Minister Robert Abela believes.

Speaking on Tuesday, Abela said he does not exclude using legislative tools to force magistrates and judges into dishing out harsher punishments for drivers who involuntarily kill someone.

But he noted that the present law already provides for effective jail sentences of up to four years, though the courts rarely go that far.

"The judiciary may choose, at its discretion, to hand out any of a range of punishments - from freedom without conditions to a suspended sentence, to a maximum of four years in prison. But they rarely apply effective jail sentences. Most of the judgments give out suspended sentences," he said.

"Perhaps before we change the punishment parameters, we should ask ourselves whether it's time to start escalating punishments rather than sticking to suspended sentences."

Abela acknowledged that punishments are strictly the judiciary's remit and said he did not want to overstep his role, but insisted it is up to the courts to find the right balance according to each case and its evidence and witnesses.

"While I understand that the punishment is entirely in their discretion, they also understand the discomfort that some traffic accidents instill in society," he said.

"It is, therefore, crucial for the judiciary to hand out punishments that reflect this sentiment of the necessity to enhance road safety."

Last week Abela questioned whether the judiciary is applying sentences that reflect the gravity of the outcomes of traffic accidents.

He noted that the scope of both the criminal code and traffic regulating codes have wide parameters for interpretation that include imposing effective prison sentences. However, it is up to the judiciary to decide whether to apply them.

But government could do something as well. It could amend the law to leave less room for interpretation by judges and magistrates and bind their hands to dish out harsher fines.

The Italian parliament did something similar in 2016, when it amended the law to create a new offense called the omicidio stradale after MPs complained, much like Abela, about overly lenient sentencing. 

It restricted the judiciary's discretion when meting out punishment, binding them to issue sentences of not less than eight years effective incarceration to drivers found guilty of causing grievous bodily harm or involuntary homicide in a traffic accident.

Abela said amendments to the law are not yet necessary and the government has already changed laws and regulations to significantly increase fines and point deductions for traffic contraventions. But he said that ultimately, it is motorists who bear the ultimate responsibility to drive safely.

"I cannot stress this enough, because a car can become a weapon if not used prudently," he said. "The government can do more, through public campaigns, education and the installation of more speed cameras, for instance. But ultimately, it is the driver who controls the steering wheel and accelerator."

May has been a terrible month for traffic. 17-year-old Kacey Sciberras died on Sunday in a collision in Attard's Central Link road.

A few days before, on May 6, two men riding a motorcycle died following a collision with a car being driven the wrong way near Mosta. The driver has been accused of involuntary homicide.

A 54-year-old former AFM soldier died last Sunday when he lost control of his motorcycle on the Birkirkara bypass. 

The government also announced this month that a bureau to investigate road accidents will be set up by December.