Why the EU compromise for more traffic safety does not go far enough

The following applies: if a Luxembourgian or a Luxembourg-or any other EU citizen-commits a severe traffic offense in another EU country that leads to withdrawal of the driver’s license, this person in Luxembourg and in all other EU countries, apart from the land of the crime, can continue to drive.

While traffic fines have long been delivered across borders in order to avoid impunity, sanctions such as driving bans have so far not been pursued across borders. This should now change with the new EU rules to driving bans that were finalized between the EU legislators at the beginning of this week.

The lack of enforceability of such driving bans in the entire EU has led to relative impunity for drivers. However, data show that drivers abroad violate the traffic rules three times more often than in their own country. The new EU rules ensure more coherent and therefore stricter sanctions by making serious traffic violations noticeable across the EU.

The primary goal is to increase traffic safety in the EU and thus save life. In this sense, the new rules are a significant step forward. Although I would have liked a stronger result, the mutual recognition of driving bans is a solid basis for future improvements.

New regulation for Luxembourg particularly relevant

The new rules proposed by the European Commission in March 2023 as part of a more comprehensive traffic safety package were largely welcomed. In parliament, the matter was transferred to the Committee on Transport and Tourism, and the formal negotiations with the Council began in October 2024. According to EU standards, the agreement is almost record speed within six months!

In the new system, the country, which has imposed the driving ban, informs the driver’s home country, which then exposes or deprives the driver’s license. In practice, this prevents the driver from being able to continue in other EU countries. In view of the fact that the mutual recognition of driving bans has been discussed since 1964, this is a historical step that complements the existing cross-border enforcement of traffic levels and is associated with the revision of the EU driving license rules that is also agreed this week.

A driving ban in the context of the new rules means withdrawing the right, for a certain duration, a motor vehicle, and represents a punishment for some of the most dangerous violations- including excessive lawn, driving under the influence of alcohol or drugs and causing death or serious injuries as a result of a traffic offense.

It is important that the new rules only apply from a three-month driving ban and that their EU-wide effect is determined in accordance with the national law of the home country-a controversial point in the council negotiations. For example, if the offense in Luxembourg had fewer strict consequences than in the country in which the traffic offense was committed, the EU-wide effect of the sanction could be adjusted accordingly.

At this point I would like to emphasize that the purpose of these regulations is to save lives and not to « annoy » drivers. Despite the significant political change in the EU, the new EU transport commissioner Tzitzikostas has declared traffic safety to be “top priority”. Although the roads in the EU have become safer in the past 20 years, the goal of reducing the number of traffic fattening and seriously injured by 2050 and halving by 2030 is far from being reached.

Last year, more than 20,000 people died on the streets of the EU – this corresponds to the crash of two fully occupied passenger aircraft per week. Consistent enforcement of traffic safety regulations throughout the EU is crucial. Due to the mutual recognition of driving bans, foreign drivers will no longer be so easy to avoid responsibility. In view of the high through traffic in Luxembourg, this regulation is particularly relevant in this country to improve traffic safety.

Criticism of the EU’s compromise solution

Even if I am basically satisfied with these new rules, I have two criticisms of the agreed compromise. I find the exceptions to speed violations particularly disappointing. According to this exception, a driving ban would not be recognized in another country due to a speed exceeding if the speed limit was exceeded by less than 50 km/h.

To illustrate: This would mean that driving a driving ban for 79 km/h in a 30 km/h zone, for example in the area of ​​a school, would not have to be implemented in other countries. This is unacceptable. Speed ​​violation causes almost 7,000 racing deaths in the EU every year – that is a third of the total number.

Both the Parliament and the Council urged this exception to change that it is applied to residential areas if the speed limit was exceeded by less than 30 km/h, and only to non-residential areas if the exceedance is less than 50 km/h, but without success.

A common argument is that foreign drivers do not know the speed limits. Modern vehicle technology largely refutes this argument, which – even if it should apply – speaks more for a differentiated approach. Exceeding the speed limit around 50 km/h in residential areas is something completely different than on non-residential streets. Our proposal was reasonable and balanced, with great impact on traffic safety.

Under the pressure of conservative and right -wing populists in parliament, the final text returned to the original proposal of the Commission. The only consolation: This exception is not mandatory under the new rules.

I also supported the gradual introduction of an EU-wide points system for traffic violations. Non-financial punishments of this kind, which can ultimately lead to withdrawal of the driving license, have a demonstrably strong deterrent effect, are pedagogically valuable and can reduce accidents and fatalities by 15 to 20 percent.

Mandatory driver training after the loss of all points would further improve traffic safety. It is disappointing that the text agreed on Tuesday evening does not contain any indication of the introduction of such a regulation.

All of this does not mean that the new rules are not groundbreaking – they close a clear gap for ensuring traffic safety in the EU. But the final text – about exceptions in the case of speed overruns, points systems and beyond – reflects considerable compromises. In view of the current political climate and the composition of the new parliament, this is not surprising.

The new rules are part of an EU directive that must be implemented in national law within three years. So it remains to be seen how they are implemented in Luxembourg.