Tougher penalties for traffic offences

Although the amendment to the Road Traffic Act entered into force three months ago, I have to say from my experience that drivers are not yet fully aware of the stricter penalties and expect penalties identical to the previous legislation. In this article, I summarise the penalties for major traffic offences under the legislation effective from 1 January 2024.

Are changes necessary?

According to the legislator, yes, especially because the legislation is outdated. The point system has remained unchanged since 2006, was not very clear and did not sufficiently reflect the seriousness of individual actions. The penalties for traffic offences have not been amended since 2011 and the fine levels did not reflect the economic situation and lost their preventive function. The analysis of the Ministry of Transport showed that the toothlessness in achieving the objectives of the law in the context of road traffic was the same as the practical inapplicability of punishing offenders on the spot, which better fulfils the purpose of the offence and, in particular, makes it easier for the administrative authorities.

In my practice as a lawyer, I most often encounter driving under the influence of alcohol and significantly exceeding the speed limit. The penalties for these offences have also been amended.

Alcohol behind the wheel

To begin with, a little repetition. Most readers know that driving under the influence of alcohol or drugs can be dealt with in both misdemeanor and criminal proceedings. The threshold is the commonly known blood alcohol concentration of 1 per mille, which, I remind you, cannot be taken as a strict value.

The penalties for driving under the influence of alcohol, but not in a state that precludes fitness to drive, have been increased to CZK 25 000 and the length of the driving ban is 6 to 18 months.

The offence of refusing to submit to a breathalyser test has been significantly tightened ; you now face up to a three-year driving ban and a fine of CZK 25,000 to 75,000. I have discussed the obligation to have a blood test in one of my earlier articles, On the obligation to have a blood test at a roadside check.

The only positive for the driver is that the score has been reduced to 6 points, which is one point less than before the amendment.

Exceeding the maximum speed limit

If you exceed the maximum speed limit by 10 km/h both in and outside the village, the points awarded remain the same. However, the fines handed out in administrative proceedings have increased from CZK 1,500 - 2,500 to CZK 2,000 - 5,000. And the fines that can be handed out on the spot by a police officer have also increased from CZK 1,000 to CZK 1,500 - 2,000.

According to statistics, the most common traffic offence (medium) is speeding, i.e. by 20-39 km/h in the village, or by 30-49 km/h outside the village. The number of offences attributed to

points has been increased from 3 to 4, the fine in misdemeanour proceedings has been doubled and the on-the-spot fine can reach up to CZK 3,500.

However, drivers often fail to notice that the mandatory imposition of a driving ban has been abolished when the offence is repeated twice within a period of 12 (consecutive) months. The limit is currently up to 12 points.

If you exceed the maximum speed limit by 40 km/h in a municipality or 50 km/h outside a municipality, the number of points awarded has been increased to 6 and the fine you face is now more than double. In addition, the upper limit for the suspension of a driving licence has been increased by a third, to 18 months.

There has also been an adjustment in favour of drivers by changing the limit for a speeding offence in a municipality, which has been increased from 5 km/h to 10 km/h, thus aligning it with the limit outside the municipality.

Changes to the punishment for other serious offences

Part of the amendment includes a stricter penalty for possession of a phone while driving, and I remind you that mere possession is still sanctioned, not making a phone call or perhaps otherwise handling a phone, and you now face 4 penalty points and an on-the-spot fine of up to CZK 3,500. Also, the range of fines in administrative proceedings has been increased to between CZK 4,000 and CZK 10,000 by the amendment.

Other common driver offences include overtaking "across the full line"; failing to stop the vehicle at a "red light" or when ordered to do so by a police officer; and entering a level crossing when it is forbidden. For all these offences, the legislator has unified the number of penalty points to be awarded to 6. The fines associated with these offences have also been unified. Thus, the fine that police officers can impose on the spot is now CZK 4,500 - 5,500 and the administrative fine ranges from CZK 7,000 - 25,000.

Another difference in sanctioning is the possibility of imposing up to a six-month driving ban in case of deliberate failure to stop at a "red light" or a police officer's order.

Further changes from 1 April 2024

On 1 April 2024, the Road Traffic Act introduces a new institute of a therapeutic programme, which is one of the conditions for the restoration of the driving licence after serving a driving ban.

The therapeutic programme includes social training for persons who have lost their driving licence for at least 18 months. Participation in five four-hour group therapy sessions will be required before the reinstatement of the driving licence, covering the topics of risky behaviour in traffic and prevention of such behaviour. A certificate certifying completion of the programme will be a necessary attachment to the application for reinstatement of the driving licence.

Conclusion

In my article I have dealt with the most serious traffic offences that you can commit on the road, so I firmly believe that you will never feel the tightening on your own skin, or driving licence. If this ever happens, I am always ready to help you.