The new article 218-ter has introduced a short suspension of the license also for drivers using vehicles equipped with a tachograph in accordance with Regulation No. 561 of 2006. This change concerns drivers who violate the regulations on driving and rest times, with the aim of ensuring greater road safety in the freight and passenger transport sector.
Cases in which the license suspension is triggered
The short suspension of the license applies in the following cases:
- exceeding the daily driving period by more than 20%;
- failure to complete a daily rest period by more than 20%;
- exceeding the limits of weekly driving times by more than 20%;
- incomplete weekly rest for a period exceeding 20%;
- driving during the period in which it was ordered not to continue the journey to recover the missing rest periods.
Conditions and duration of the license suspension
For the application of the license suspension, two fundamental prerequisites must be met:
- at the time of verification, from the view of the National Register of Driving License Holders, it appears that the offender's license has a score of less than 20;
- the identification of the offender must occur at the moment the violation was committed. Therefore, if the assessment is done remotely or, in any case, when the vehicle has not been stopped, subsequent identification cannot lead to a short suspension.
The duration of the suspension depends on the score resulting from the Register of Driving License Holders:
- 7 days if the score is between 10 and 19;
- 15 days if the score is below 10.
In the case of a traffic accident caused by the driver, the suspension is doubled.
Consequences for those driving during the license suspension
Those who drive during the period of license suspension risk a fine of €2,046, the revocation of the license, and the administrative seizure of the vehicle for three months. If it is difficult to use public transport to get to work, it is possible to request a limited driving permit for specific time slots.
The short suspension takes effect immediately, starting from the day the violation is contested, that is, from the moment the license is withdrawn by the police authority that verifies the violation. The verifying authority will keep the withdrawn license and return it to the interested party at the end of the established period. The return may occur directly into the hands of the interested party, or also to a person authorized by them with a specific delegation.
License suspension for holders of a foreign license
Foreign license holders are also subject to short license suspension. In this case, instead of point deduction, a database established at the Ministry of Infrastructure and Transport is updated, adding a number of points corresponding to those in the table attached to Article 126-bis. For these reasons, the suspension will be:
- 7 days for foreign license holders who have a score between 1 and 10;
- 15 days for foreign license holders who have a score above 10.
In the case of a biennial recidivism, the ordinary suspension provided for by Article 218 applies if the individual rule provides for it; otherwise, the previously mentioned short suspension discipline will apply.
Conclusions
In conclusion, the introduction of Article 218-ter extends the short license suspension to drivers of vehicles with a tachograph. The new provisions, which vary based on the score and the severity of the violation, aim to ensure more effective control of violations. Furthermore, the regulation also applies to foreign license holders, promoting a uniform system of penalties at the European level. This measure is seen as a fundamental tool to prevent accidents and improve road safety.