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Amendments to Penalties for Road Traffic Violations

Amendments to Penalties for Road Traffic Violations

With an overwhelming majority of votes, new laws and regulations will be formed, aiming road safety and a decrease in Cyprus’ high number of road deaths and serious injuries. From 1st October 2020, the penalties for violations of the Traffic Code will alter and there will be an increase of incoming fines for speeding, alcohol, reckless driving, helmet and seat belt, and cell phone use while driving by drivers.

Based on the new amendments, the Court will have a legal right to order a driving prevention, and thus direct a prompt trial, if the driver exceeds driving speed, driving with an alcohol content in the exhalation ratio and refusal or avoidance of the provision of expiration sample. More specifically, there can be a rapid trial in excess of 75% of the permitted speed limit, driving with an alcohol ratio in the exhalation exceeding 70mg/100ml or 55mg/100ml for young and professional drivers. More details relating to the speed limits can be found on the table below.

Speed limit Penalties
Speed limit up to 30% €2/km fine and 1-3 Penalty Points
Speeding limit up to 50% €3/km fine and 2-4 Penalty Points
Speeding limit up to 75% €5/km fine and 3–6 Penalty Points
Failure to comply with the speed limits penalty 1 year and/or € 4,000
Exceeding the limit> 75% 4-8 Penalty Points
Combined violations of speed and alcohol and/or drugs 4 years imprisonment and/or €15,000 fine
If replication of violations within 3 years Penalties will be doubled & deprivation of leave for at least 2 months

It is worth noting, that individuals who fall under Article 5(2)(b) of the Road Safety have to comply to lower limits. These individuals are young drivers, motorcycle professionals, mopeds, apprentices and those without a driving license. Specifically, the fines are as follows:

Alcohol Ratio Penalties
Alcohol ratio from 22-35 mg/100mg €125 fine and 1-3 penalty points
Exhalation alcohol ratio 36-55 mg/100ml €250 fine and 3-6 penalty points
Exhalation alcohol ratio 56-70 mg/100ml €500 fine and 4-8 penalty points
22-35 mg/100ml Up to 1-month imprisonment and/or up to €1,500 fine and deprivation of driving license up to 3 months
56-70mg/100ml Up to 8 months imprisonment and/or up to €5,000 fine and/or deprivation of leave for up to 2 years
Infringements that can be taken to court
Alcohol ratio Penalties
36-55mg/100ml Up to 3 months imprisonment and/or up to €3,000 fine and deprivation of driving license up to 3 months
>70mg/100ml Up to 2 years imprisonment and/or up to €10,000 fine and/or deprivation of leave for up to 2 years
In cases of recurrence of the offence Within 3 years court may impose double penalties
>70mg/100ml 5-10 penalty points
Refusal to provide a sample Up to 2 years imprisonment or up to €10,000 fine or deprivation of the right to hold or obtain a driving license for a period not exceeding 2 years

The new amendments also include new rules in relation to safety belt, helmet and mobile phones. Starting with the safety belt, if passenger and drivers a) fail to install and use it and/or b) fail to use suitable child seat they will be subject to convictions. The new rules also refer to drivers who will not use adequately helmets or using their mobile phone while driving. The fines for these are €150 the first time around. In cases where there is a replication of this violations within 3 years, individuals will be subject to double convictions. More details can be found in the table below.

Safety belt and helmet
Safety belt Penalties
Safety belt – failure to:

a)     Install

b)    Use by drivers

c)     Use by passengers

d)    Use suitable child seat

€150 fine and 3-6 penalty points
In cases of recurrence of the offence within 3 years Penalties will be doubled
Use of helmet Penalties
No use of helmet €200 fine and 3-6 penalty points
In cases of recurrence of the offence within 3 years Penalties will be doubled

 

Infringements that can be taken to court
Owner or holder of a motor vehicle who refuses or omits or neglects to install seat belts Up to 3 months imprisonment and up to €1,000 fine
Obligation to use a belt by driver and passengers Up to 6 months imprisonment and up to €2,000 fine
Driver tolerates or allows a child not to wear a seat belt Up to 6 months imprisonment and up to €2,000 fine

As a last point, in cases of irrational and dangerous driving, there will be up to 2-year imprisonment or/and up to €4,000 fine and 3-6 penalty points. If this is in combination with alcohol or use of drugs there will be a deprivation of driving license for at least 2 months.

For any further guidance regarding this procedure or if you require an initial consultation, please do not hesitate to contact our Law Firm at info@vrikislegal.com, , +357 22 251 777 or +357 25 261 777 or please visit our office in Nicosia or Limassol.