Under the provisions of the laws passed by the House of Representatives and entered into force on 1st October 2020, penalties for specific road offences have increased in Cyprus, especially for those causing fatal and serious road traffic collisions.
Listed below are the most important amendments, showing the difference between what was used to be applicable and what applies since 1 October 2020:
1. Driving under the influence of drugs: imprisonment for 3 years and/or a fine of €8,000 (instead of €3,500) and/or revocation of driving licence for 3 years. The Court may impose 3-6 penalty points.
What is new:
The Court may, in addition to the above penalties and provided that the person has requested the Court to issue a treatment order, issue a treatment order in accordance with the provisions of Section 6 of the Treatment of Accused Users or Substance Dependents Law.
The Court, when issuing a treatment order, may set such conditions and give such instructions that in its judgment are necessary for its more effective application and for the achievement of the purposes for which such order is issued.
For the application of a treatment order, the accused user or substance dependent must present himself/herself to the Treatment Centre designated by the Court within 48 hours from the issue of the treatment order, having accepted that he/she will faithfully fulfill the content of the treatment contract and comply with the recommendations of the Treatment Centre concerning his/her treatment.
2. Reckless / Dangerous Driving: Imprisonment for any term not exceeding 2 years and/or a fine of €4,000 (instead of €1,500) and 3-6 penalty points.
In case there is Reckless / Dangerous Driving under the influence of alcohol or drugs: Mandatory revocation of Driving Licence for at least 2 months.
3. The offence of negligent driving was punishable with imprisonment for any term not exceeding one year and/or a fine not exceeding €340. Since 1/10/2020, the offence has been divided into the following categories:
Negligent Driving: Imprisonment for any term not exceeding 6 months and/or a fine of €1,500 and 3-6 penalty points.
Negligent driving causing damage to property: Imprisonment for any term not exceeding 1 year and/or a fine of €3,000 and 2-8 penalty points.
Negligent driving causing bodily harm: Imprisonment for any term not exceeding 2 years and/or a fine of €6,000.
In case there is Negligent Driving under the influence of alcohol or drugs: Revocation of driving licence for at least 2 months.
4. Driving under the influence of fatigue: Imprisonment for a term not exceeding 1 year and/or a fine of €3,000.
5. Abandoning a vehicle in a dangerous location: Imprisonment for 3 months and/or a fine of € 1,000 (instead of € 256) and 1-2 penalty points (instead of no penalty points).
6. Fleeing the scene of a road traffic collision (Hit-and-run) - causing death: Imprisonment for a term not exceeding 5 years (instead of 2 years) and/or a fine of €15,000 (instead of €1,708 euros) and revocation of driving licence for a term not exceeding two years from the date of conviction.
7. Hit-and-run - causing personal injury: Imprisonment for a term not exceeding 2 years and/or a fine of €10,000 (instead of €1,708) and revocation of driving licence for a term not exceeding two years from the date of conviction.
8. Hit-and-run - causing damage to property: Imprisonment for a term not exceeding 1 month (instead of 1 year) and/or a fine of €3,000 (instead of €1,708) and revocation of driving licence for a term not exceeding two years from the date of conviction.
In general, as regards hit-and-run road collisions, the court may impose 5 - 10 penalty points.
9. Increase of the general penalty fine from €1,708 to €3,000 for the commission of traffic offences listed in the Regulations on Motor Vehicles and Road Traffic.
10. For the first conviction of a person driving whilst uninsured, increase of the penalty fine from €1,708 to €3,000, and in the case of a second conviction, increase of the penalty fine from €3,417 to €6,000. The provisions on imprisonment for one and two years, respectively, shall remain the same.
11. Introduction of a provision allowing a member of the Police or a legally authorised person to prohibit a person from driving a motor vehicle and impound thereof until the issue of a third-party liability insurance:
- The impounded vehicle may be towed by a person authorised by a police officer or a supervisor of the Road Transport Department or following their instructions to a location specified by the Chief of Police, as he/she may deem appropriate.
- The Vehicle shall be collected by its holder or owner or a representative thereof, provided that such a third-party liability insurance is issued. If the vehicle has been towed, the towing and storage fees shall be paid by the holder or owner or a representative thereof prior the vehicle's collection.
In case such fees are not paid or the vehicle is not collected within 2 months from the date of notification of its owner or holder by the Chief of Police, the vehicle may be disposed of as unclaimed property pursuant to Section 32 of the Police Law.
12. The member of the Police or supervisor may prohibit a person from driving a motor vehicle and impound thereof until such vehicle can be legally driven, in the following cases:
1. Driving under the influence of alcohol or
2. Refusal to provide a breath sample for alcohol testing or
3. Refusal or avoidance of going to the location where the final alcohol testing is conducted.
An impounded vehicle may be towed by a person authorised by a police officer or a supervisor or, following the instructions thereof, to a location specified by the Chief of Police, as he/she may deem appropriate.
The towing and storage fees shall be paid before the vehicle is collected by its holder or owner or a representative thereof.
If the vehicle is not collected within 2 months, it may be disposed of as unclaimed property.
Any person who prevents a member of the Police or any other legally authorised person from exercising such granted powers shall be guilty of an offence and in case of a conviction, he/she is subject to imprisonment for a term not exceeding 6 months and/or a fine not exceeding €2,000.
13. It is possible to tow a motor vehicle that is parked or abandoned on any road illegally and/or dangerously or in a way that obstructs the traffic, upon instructions of a member of the Police or a supervisor or any other authorised person.
A police officer or supervisor or any other authorised person may tow the vehicle to a location specified by the Chief of Police, as he/she may deem appropriate, if the vehicle's owner cannot be found or refuses or fails to move it.
Payment of towing fees before the vehicle is collected by the holder or owner or a representative thereof. If the vehicle is not collected within 2 months, it may be disposed of as unclaimed property.