Luxembourg drivers to be fined for offences abroad

(CS) Voted by Luxembourg MPs earlier this month, a cross-border traffic enforcement directive by the European Commission has been transposed into national law, meaning that driver from the Grand Duchy can be penalised for fines incurred abroad.

Luxembourg was at risk of being referred to the European Court of Justice over the directive after failing to meet a 2013 deadline for implementation because of early elections in October last year.

This caused a delay in processing of the document.

However, MPs finally passed the bill in December, meaning that the country will partake in the exchange of information on traffic offenders across member state borders.

The directive currently applies to 25 out of 28 member states with the UK, Ireland and Denmark having opted out. However, a recent change could see the three countries forced to also comply.

Initially filed as a police cooperation directive with the justice department, the European Court of Justice this year annulled the directive, saying that it should have been declared as a road safety measure under transport.

Unlike justice laws, the UK, Ireland and Denmark do not have opt-outs from transport laws, however.

Despite being legally faulty, until a new text is in place, the old version, only recently approved by Luxembourg, will remain in place. The new version is set for May 2015.

Eight offences will be targeted in particular under the new directive:

• Speeding

• Not using a seat belt

• Not stopping at red traffic lights or mandatory stop signs

• Drink driving

• Driving under the influence of drugs

• Motorcyclists not wearing a helmet

• Using a forbidden lane

• Illegally using a mobile phone or other communication device

The directive allows local authorities in member states to contact the country where the car is registered to pursue and fine the owner of the car. The offence will be fined according to the laws in the country where it was committed. A list of European traffic laws is available here.

Should the owner of the car not have been the driver when the offence is committed, they can send a letter of explanation, enclosed with the fine notice sent by the local authorities.

If the driver refuses to pay, authorities of the member state where the offence was committed have the option to prosecute.

Points, however, will not be deducted across borders.

For frequently asked questions about the directive, click here.