Will freedom of movement begin to apply to traffic fines in the EU?

And what is the City of Ghent doing about such sanctions until supranational regulations come into force?

The summer season means increased traffic across borders in Europe with vacationers crowding the motorways and streets on their way to a sunny holiday destination. This, however, also invariably means an increased rate of traffic offences and the resulting traffic fines. Yet, many drivers seek to avoid sanctions by returning back home thinking that punishment will not follow them there.

Apparently, they are right to think that this strategy can work since approximately 40% of cross-border traffic offences are currently going unpunished.

Freedom of movement within the EU shouldn’t mean freedom to speed and drink-drive when away from home,” says Ellen Townsend, Policy Director of the European Transport Safety Council (ETSC).

The good news is that back in April, the European Parliament approved new and updated rules that will make it easier to get bad drivers to pay fines committed abroad. The new rules oblige national authorities to reply to requests from another EU country without delay, and no later than two months after it has gathered the necessary information.

What’s more, the country where the offence was committed can request the offender’s home country to enact the collection of the fine if it’s larger than 70 euros.

The updated rules will expand the list of traffic offences committed by non-resident drivers that trigger cross-border assistance and can result in a fine. In addition to speeding, drink-driving or failing to stop at a red light, EU legislators added dangerous parking, dangerous overtaking, crossing a solid line and hit and run offences, amongst other offences.

No private collectors in the future

The Member States still have to transpose the legislation at the national level before it can begin being applied and the European Commission will have the task of creating an online portal listing the rules, appeal options and the relevant road traffic fines, amongst other information.

What the legislation states, however, is that private collection companies shall not be employed by the authorities in order to protect drivers from scams and personal data leaks.

It seems that for the time being this is indeed the case. For example, the Belgian city of Ghent, which is very proactive on the matter is collaborating with debt collection agencies in 22 countries to ensure that fines committed on its territory by foreign drivers are paid.

According to the ETSC, making sure that traffic fines apply all across the EU no matter where the driver may reside is only the first step. The next goal is to also promulgate legislation that will standardize rules on applying penalty points to driver licenses as well.