THE FACT
The Government, with the law no. 197/2022, has established that the periodic biennial update of the administrative penalties of the Highway Code, which would have involved significant increases, will not take place. The amounts of the penalties will therefore remain unchanged for the entire biennium 2023-2024 and will be identical to those in force for the recently concluded 2021-2022.
THE APPROVED TEXT OF THE LAW ON ADMINISTRATIVE PENALTIES OF THE HIGHWAY CODE
This is the text of theart. 1 paragraph 497 of Law 197/2022 just approved:
“In consideration of theexceptional economic situation, starting from the date of entry into force of this law, for the years 2023 and 2024, the biennial update of the administrative monetary penalties is suspended in an amount equal to the entire variation, ascertained by ISTAT, of the consumer price index for the families of workers and employees (national average) that occurred in the two preceding years, as provided for in article 195, paragraph 3, of the highway code, pursuant to legislative decree April 30, 1992, no. 285“
THE ORIGINAL PROVISION
The third paragraph of theart. 195 of the Highway Code, mentioned above, indeed states:
“the amount of administrative monetary sanctions is updated every two years in accordance with the entire variation, determined by ISTAT, of the consumer price index for the families of workers and employees that occurred in the two preceding years. To this end, by December 1st of each biennium, the Minister of Justice, in agreement with the Ministers of Treasury, Public Works, Transport, and Urban Area Issues, sets, following the above criteria, the new limits of administrative monetary sanctions, which apply from January 1st of the following year.”.
REASONS BEHIND THE SUSPENSION
The purpose of the periodic update provided for in art. 195 CdS is to maintain the deterrent effectiveness of the sanctions over time, but, considering the exceptional economic situation, the Government has decided to suspend the biennial update to avoid the inevitable excessive increases that would have resulted (this is the first time since 1992, the year the new Highway Code came into force).
EXAMPLE INCREASE AMOUNTS
If no intervention had been made, since the scheduled update would have followed the variation determined by ISTAT of the price index (i.e., inflation), the increases would have been almost 15%. The amount of the sanction for the responsibility of the company, sanctioned by art. 174 paragraph 14 CdS, would have increased from the current €333.00 to €383.00.