Brussels, 05/04/2011 (Agence Europe) - The European Parliament transport committee is expected, on Monday 11 April, to begin second reading examination of the draft report on the proposal for a directive on cross-border penalties for road offences (see EUROPE 9626). The proposal aims to facilitate application of fines for a number of road offences by drivers in an EU state other than the drivers' state of residence.
To prevent further weakening of the fragile compromise reached within the Council, the EP rapporteur, Ayala-Sender (S&D, Spain), plans to maintain the legal base as modified by the Council in December (police cooperation rather than transport). Nonetheless, she reintroduces into the draft the amendments made by the EP at first reading (see EUROPE 9737), which aim to establish harmonised sanctions for road offences (in its common position, the Council had not approved these amendments).
According to Ayala-Sender, and as proposed by the Council, member states should be able to contact the owner of the vehicle responsible for the offence (preferably in the language of the country of which the driver is a national) and inform him/her of the legal procedures and consequences applying in the member state where the offence was committed. Sanctions would be applicable in line with that country's legislation and should be mutually recognised, in particular in line with the 2005 Council framework decision on application of the principle of mutual recognition of fines.
According to the draft report, member states should also act in favour of greater convergence of road traffic rules and of their enforcement. The report proposes that such harmonisation should aim at the creation of comparable methods and minimum road safety standards at European level. The European Commission would be invited to present an assessment report on implementation of this directive by member states, at the latest three years (compared to five as proposed by Council) after the date when the directive took effect. The report, Ayala-Sender says, should also examine whether it is necessary to: - extend the list of infractions covered by the directive (currently eight); - harmonise control equipment and road safety control procedures (in this context, the Commission would be invited to develop road safety guidelines); - strengthen the enforcement of road safety related traffic offences through harmonised follow-up procedures in the case of non-payment of a financial penalty; - harmonise, where necessary, EU traffic rules; - and harmonise the software used for transferring information on offences committed (and information on vehicle owners). The same report should also study the impact of the directive on the number of fatal road accidents in Europe.
Inés Ayala-Sender also partially covers the EP first reading proposals setting out guidelines for road safety policies and general criteria for penalties. In her view, the attention of member states - when it comes to controlling speed, the wearing of safety belts and drink driving - should also be focused on the places where such offences happen the most frequently. Ayala-Sender recommends that member states encourage the installation of automatic speed traps in places where the number of road accidents exceeds the European average or where the drop in the number of accidents is below the European average.
With regard to the harmonisation of procedures for following up the non-payment of fines, joint criteria should above all concern procedures for: - forwarding the final decision to the member states concerned (the state where the infraction has taken place and the state where the vehicle is registered); - recognition and implementation, or otherwise, of the decision; - and information on decisions to penalise the offence.
As things stand, the draft directive concerns eight road infractions: - driving under the influence of drink or drugs, failing to wear a safety helmet (for motorcyclists) or a safety belt, exceeding the speed limit or driving through red lights, driving on a forbidden lane, and using mobile phones while driving. After a two-year long deadlock in discussions, the Council managed to reach a common position in December 2010 (see EUROPE 10269), restricting the draft directive to an exchange of information between member states, thus allowing the vehicle (and driver) to be identified as the author of the offence. Follow-up of the infractions was left to the free will of the states where the infraction was committed. (A.By./transl.jl)