Steeper traffic fines still low compared with other countries

Proposed increases in fines for traffic offences may have alarmed local motorists but the penalties are still generally lower than those in other European countries, some of which are imposing hefty fines according to wealth.

The Home Affairs Ministry unveiled a series of traffic-related fines in a Bill presented to Parliament last Friday, many of which are believed to be overdue.

If approved by the House, drivers caught using their mobile phone while driving will be slapped with a €100 penalty, as will be those driving cars with opaque or blacked-out windows.

A €100 fine will be imposed on motorists driving slowly in the overtaking lane and those caught driving in reserved lanes.

Jumping a red light will no longer be a simple infringement - it will now be considered a crime and listed on the driver's criminal record. The fine has been increased to €250 from €58.

The proposed penalties for drink-driving are also more severe, and drivers who refuse to provide a sample for a blood/alcohol test when requested to do so by police will be deemed to be over the limit, unless they prove the contrary. The fine has more than doubled - from €465 to €1,200.

Currently, a police officer can only ask a driver to take the test if they have "reasonable suspicion" that the person is drunk. However, there is no definition of what constitutes "reasonable suspicion", according to a spokesman from the Justice Ministry.

Although there are restrictions on police powers to require breathalyser tests, the police are entitled to stop any vehicle.

By introducing harsher penalties for drink-driving, the Justice Ministry wanted to eliminate the possibility of drunk drivers evading penalties by refusing to take the breathalyser test, thereby avoiding a repeat of a case last October where the Court of Criminal Appeal cleared a man of drink-driving after he refused to take a breathalyser test. The court had ruled the police had not managed to prove he was drunk.

The amendments are largely in line with measures already introduced in other European countries, although the penalties tend to be higher there.

Driving while using a mobile phone in the UK can cost a driver up to £1,000 (€1,150), and a conviction can cost a driver three penalty points, where 12 points can lead to a driving ban.

Driving drunk in the UK carries a maximum penalty of six months' imprisonment, a fine of up to £5,000 (€5,760) and a minimum 12-month driving ban.

In France, any driver found to be above the permitted alcohol limit can be fined €135 and lose six of the 12 points on their driving licence. Those drivers found to have drunk well over the limit risk having their licence taken and face a €4,500 fine, possibly also being sent to prison for up to two years.

In Spain, offending motorists face fines up to €1,500, and a suspension of a driving licence for three months. The fine for driving while using a mobile phone is similar to Malta's as it is considered a minor offence in the country.

Nordic countries have some of the strictest rules on drink-driving. In Sweden, Norway, Finland and Denmark, first-time offenders have licences suspended, a fine based on monthly income and self-paid obligatory alcohol and traffic courses. European countries are increasingly pegging speeding fines to income as a way to punish wealthy law-breakers who would otherwise ignore tickets. In Switzerland, a millionaire Ferrari driver faced a $290,000 speeding ticket. Germany, France, Austria and the Nordic countries also issue punishments based on a person's wealth.

The amendments to traffic-related crimes announced last Friday were largely welcomed as a step in the right direction, but many were sceptical about their effectiveness. Readers of timesofmalta.com generally said they hoped these measures would address the daily problems encountered when driving.

Others expressed hope that the additional revenue generated would go towards improving the state of the roads.

Another reader stressed the need for an education campaign, a point also raised by other members of the public who said that fines alone would not solve traffic problems.