What changes are coming with the New Road Traffic Code?What do drivers need to know from now on?

What changes are coming with the New Road Traffic Code?What do drivers need to know from now on?

It has been known for some time that the Ministry of Transport is preparing a draft law that will significantly amend the Road Traffic Code, in order for the latter to adapt to the new daily needs. The goal is to ensure that violators are truly and effectively punished and to reinforce the application of the law. Let’s look below at the new modifications that are coming, as well as what currently applies and concerns the daily issues of citizens’ lives.

1.What has changed regarding fines for drivers?

With the upcoming changes to the Road Traffic Code, as mentioned, a key area affected is how fines will be imposed on drivers. Essentially, the trend is to replace the written ticket issued by the police officer to the violator with an automated SMS that will inform them of the violation they committed as well as the penalty that applies.

The entire above process will be conducted using cameras that (will) be placed on main roads and highways to automatically determine whether the driver has committed a punishable violation. Of course, the violator can appeal to contest the violation through the appropriate authorities, while they can also use the evidence based on which the violation was attributed to them.

The fine imposed on the offending driver will also be posted on Taxisnet to notify them through this platform. However, the posting there primarily serves revenue purposes, as per the law, if the violator does not pay the monetary fine imposed by the ticket within 2 months, then the competent tax office where the violator is registered will be responsible for its collection. This means that an amount will be seized from their bank account to collect the fine, which will also include interest and collection costs.

2.What are the current speed limits?

With road accidents rapidly increasing this year, the legislator has decided to amend even the speed limits as provided in the Road Traffic Code. Specifically, the speed limit in urban areas will now be 30 kilometers per hour. Although the law does not yet specify anything regarding roads outside built-up areas, the limit (logically) will be set at 50 kilometers per hour. To enforce these limits, the use of drones (flying objects with built-in cameras) is also provided for, while a 175 euro administrative fine will be imposed for each violation.

As for the minimum speed limits, there was a proposal to reduce these to as low as 10 kilometers per hour when the vehicle is moving within an urban area. However, taking into account the Greek circumstances, this regulation will obviously change and will not apply as it stands, as it has no connection to reality and the traffic on the roads.

It is not certain whether the above modifications will be applied universally—whether they will be implemented immediately or if there will be a transitional period for drivers to adapt to the new changes, as well as for areas where objectively different speed limits should apply (such as on Kifisou Avenue). Perhaps a transitional period should be implemented so that the new law can effectively solve the problems that have been identified and not merely create new problems arising from the practical traffic needs of drivers.

3.When can I legally overtake another vehicle?

This is a topic that many believe they know, but it has some details that can be quite useful for any driver in order to avoid violations (and not incur the corresponding penalties). The rule here is that overtaking is always allowed from the left side of the vehicle and from the right side only if the vehicle in front has signaled its intention to turn left—its left turn signal is on and is visible to the driver wishing to overtake.

On the other hand, overtaking is prohibited when a driver in the lane has already started overtaking another vehicle (or has indicated the intention to start overtaking), as well as when the road is steep, foggy, poorly lit, or in general conditions where overtaking would be dangerous and could cause an accident. The same applies, of course, if the road has 4 lanes total (2 lanes for each direction of traffic), and if the driver’s overtaking significantly disrupts the traffic.

It goes without saying that the driver of the vehicle being overtaken must give the necessary space so that the overtaking can be done safely and does not create a traffic issue. If a driver attempts illegal overtaking and is detected by the authorities, a fine of 700 euros will be imposed. The same fine may also be imposed if they attempt to change lanes (on a road with multiple lanes) when such a maneuver is not feasible at that moment and could cause an accident.

4.What penalties are provided for dangerous driving?

The legislator has introduced a new criminal offense called “dangerous driving,” which includes a wide range of violations regarding vehicle traffic on the roads. Specifically, the offender is criminally punished if:

  • They drive a vehicle on the road while having consumed alcohol or drugs, or if they are in a state of physical or mental exhaustion—i.e., they are tired or in a poor psychological state that does not allow them to drive with a clear mind.
  • They drive a vehicle in the opposite direction of traffic as they should normally, as well as if they participate in impromptu races, which are always illegal, or if they load their vehicle in a manner that is not legal.
  • They drive on a highway or expressway at a speed of 60 kilometers per hour over the permitted limit (i.e., at 190 kilometers per hour) and at a speed of 40 kilometers per hour over the permitted limit (i.e., at 70 kilometers per hour total) when in an urban area.
  • They drive their vehicle in the Emergency Lane (E.L.) without having a legitimate reason that allows them to drive in that area.

For all the above violations, the penalties vary depending on the outcome of the violation:

  • If the violation poses a danger to other property, the offender is punished with imprisonment of up to 3 years.
  • If the violation poses a danger to a person, the offender is punished with imprisonment from 1 to 5 years.
  • If the violation causes serious bodily harm to another person or damage to public facilities, the offender is punished with imprisonment of up to 10 years.
  • If the act causes the death of another person, the offender is punished with imprisonment of at least 10 years.

5.I am driving my vehicle without license plates.Will I face penalties?

At this point, the law is clear and answers a question that has troubled the legal community for years: Is changing a license plate or altering the vehicle’s license plate details considered forgery or not? Much has been written on this issue, but it has ultimately become clear that even the vehicle’s license plate is considered a document under the law, and thus, if it is changed without the right to do so, the crime of forgery is committed.

For this specific offense, the law threatens imprisonment (i.e., from 10 days to 5 years) along with a monetary fine (from 300 to 40,000 euros). The severity of the violation also matters. For example, someone who commits forgery professionally and accumulates significant amounts of money from this activity can be punished with imprisonment of up to 10 years. In addition to the above penalties provided by the Penal Code, the offender will also be required to pay an administrative fine of 300 euros for the violation related to their vehicle’s license plates.

Separately, an offender who fails to ensure that their vehicle’s license plates are particularly legible—i.e., places tinted glass on the plates which is entirely prohibited or does not maintain their plates in good condition—will also be punished. However, these actions are not penalized as they are not considered “forgery” as required by law. The same does not apply to a perpetrator who changes license plates between their vehicles and drives with them; such an act is penalized as forgery since it involves falsification of information.

6.Can I place objects on the road to ‘reserve parking’?

It is quite common on Greek roads for objects or even other vehicles (e.g., a scooter) to be placed in order for vehicle owners to create new parking spaces for their vehicles. Since this issue has caused tensions, especially among neighbors in various areas, let’s see what the law states about it.

Specifically, it is generally prohibited for anyone to place obstacles on sidewalks or sections of roads that obstruct the free movement of vehicles as well as their parking. The term “obstacles” clearly refers to all kinds of movable items or even constructions, regardless of their size and how they are moved. For example, even someone who places old vehicles that have been immobilized or withdrawn in order to prevent other drivers from parking falls under the scope of this provision, and consequently, their behavior is illegal.

However, an exception can be made where permission is granted by the municipality of the area, with the agreement of the local Police Directorate, allowing the property owner to legally place these obstacles on the sidewalk or the road. It should be noted that this must occur in a low-traffic area, and after the obstacle is placed, there must still be enough space available for the movement and parking of other vehicles in the area—i.e., no significant problem should arise, an issue that is clearly judged on a case-by-case basis. Those who place obstacles on roads or sidewalks without obtaining such permission are fined 400 euros.

7.How can pedestrians cross the road?

To ensure the smooth flow of vehicle traffic on the roads, cooperation between drivers and pedestrians is also required to avoid accidents. In this context, and to clarify the rules regarding this area, the legislator has exhaustively regulated the matter. Thus, regarding pedestrians, they are obliged to:

  • Always walk on the sidewalk and only exceptionally on the road—if they are carrying heavy objects or if they are individuals with disabilities.
  • They can also walk in the lane designated for bicycles, provided they do not obstruct the traffic of bicycles and other vehicles in that area.
  • If pedestrians walk on the road, they must move against the direction of traffic and always remain close to the edges of the road—in order to maintain visual contact with the drivers in that traffic lane.
  • Always use the pedestrian crossing and only that to cross the road, provided that there is a pedestrian crossing.
  • Comply with the traffic lights present on the road and act according to their indications.
  • If there are no traffic lights, they should only cross the road after checking that no vehicles are approaching (especially if they are approaching at high speed).
  • When crossing the road, they should not move extremely slowly or stop without reason, causing problems for the traffic.

8.When is a driver’s license revoked?

With the changes made to the Road Traffic Code (KOK), a new system of penalties has been introduced, which is quite different from previous ones and, of course, affects the driver’s license. Specifically:

  • This system includes points, where if a driver accumulates 25 points, their driver’s license is revoked.
  • Each violation committed by the driver counts as one point (even speeding tickets, meaning the severity of the violation does not matter).
  • Some violations, due to their greater importance, add a higher number of points to the driver’s profile. For example, violating traffic signs or signals counts as 9 points in the evaluation system.
  •  If the driver is a novice who has not yet completed 3 years of driving, each violation incurs three times the points that it would for an experienced driver (i.e., 3 points instead of 1 for a simple violation, and accordingly for other violations).
  •  If the driver reaches the corresponding points and has their license revoked, they must retake the relevant theoretical and practical courses from the designated driving schools.
  • They must also successfully pass the exams they are subjected to and be deemed capable of regaining their driver’s license.
  • It is important to note that every point imposed on the driver due to the violation they committed is removed 4 years after the violation, provided that the driver has not committed any new violations in the meantime, which still applies.

9.Are maneuvers by motorcycles now allowed?

This practice, known to anyone who has driven a vehicle on the roads of Greece until now, was previously prohibited by law. In other words, the law prohibited mopeds/motorcycles from moving between traffic lanes of cars and crossing the road network through them. In fact, there was also a fine for this violation, amounting to 80 euros, but this was rarely enforced in practice since the situation seemed to have become normalized on all roads in Greece.

In a bill that is still under discussion, a proposal has been made to formally legalize the maneuvers by motorcycles/mopeds between the lanes used by other vehicles for their circulation. Of course, this will not happen without conditions; the regulation will logically allow such maneuvers while ensuring that the speed limits imposed by law (now set at 30 km/h in the city, as we have seen) are respected and definitely at a lower speed than that of the other vehicles in their respective lanes—to avoid sudden movements that could lead to an accident, as the motorcycle/moped driver would have difficulty reacting in time.

What we should remember from the above is that although the law allowing these maneuvers has not yet been formally passed, the relevant regulation should be considered a given due to the existing situation. This might also explain why more and more drivers are choosing motorcycles/mopeds for transportation, thus giving them an advantage over the cars we were familiar with until now.

10.What documents must a driver carry with them?

This topic is also quite interesting, as during a potential police check, the driver must first show their documents to the relevant authorities before discussing the violation they committed in that instance. Therefore, the legal documents that every driver must have with them in their vehicle are the following:

  • The driver’s valid driving license.
  • The vehicle’s registration certificate, which is usually distinguished by its green color.
  • The vehicle’s insurance policy and proof of payment of the premiums for their vehicle.
  • The proof of payment of the vehicle’s circulation fees (excluding, of course, those vehicles exempt from circulation fees due to low emissions).
  • The Technical Inspection Certificate, which is the verification from the competent Technical Control Center (KTEO) that the vehicle is suitable for circulation.
  • The vehicle’s Emission Card and the related certification for its proper functioning in this area.
  • It goes without saying that the driver should have some form of identification (e.g., police ID/passport, etc.) to prove their identity.
  • If the driver is a professional, they must also carry their professional driving license and a certificate of professional competence.

Next to the client and his needs.

Athina Kontogianni-Lawyer

The above does not constitute legal advice, and no responsibility is assumed for it. For more information, please contact us.