end within 20 km / h when overtaking, six points for using the mobile and helmet on a scooter


The Congress of Deputies will give the final green light this Thursday to the new Traffic law, which seeks to reduce road accidents and strengthen road safety. The final text includes measures such as ending the 20-kilometer-per-hour margin when overtaking, the obligation to wear a helmet when riding a scooter or the reform of the card for points to further penalize the use of the mobile phone at the wheel, the non-use of the seat belt. or the use of radar detection mechanisms.


About to 'screw it up': road accidents escalate to prendemic levels

About to ‘screw it up’: road accidents escalate to prendemic levels

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During the debate that has already taken place in the Plenary and that has addressed the amendments introduced in the Senate, only the rights of PP and Vox have publicly expressed their rejection of the rule, which will go ahead with the support of the Government parties and Your partners.

One of the issues that has generated the most debate has been the possibility for passenger cars and motorcycles to exceed the generic speed limits set for conventional roads by 20 kilometers per hour when overtaking. Ending that margin, which is what will finally be approved, was a bet of the Executive and the General Directorate of Traffic (DGT), who defended its importance to reduce claims. But several groups – among them PP and Vox – had criticized it, considering that ending that margin is a danger because the maneuver slows down and the distance to travel to overtake the vehicle to be overtaken increases.

The new regulation also reforms the points card to penalize more behaviors that generate greater risk. Thus, holding the mobile phone with the hand becomes penalized with the withdrawal of six points from the card, instead of the current three; The points to be detracted for not using or doing it incorrectly the seat belt, child restraint systems, helmet and other protection elements are also raised from three to four. Carrying a radar detector, even if it is not being used, will also be penalized. In this case, with the loss of three points. Until now, this fact was only punished with a fine of 200 euros, which is maintained.

The punishment for two other behaviors is also raised from four to six points: throwing objects that could cause fires or accidents onto the road and “overtaking endangering, harassing or hindering cyclists or without leaving the minimum separation of 1.5 meters” . These last two measures were not included in the Government’s preliminary draft and have been included during the parliamentary process.

The new regulation will also remove three points from those who park in areas reserved for people with disabilities and drivers who do not maintain a safe distance from driving school cars. And, in addition, it unifies the term to recover the initial balance of points to two years, which in the previous wording was two years for serious penalties and three years for very serious penalties.

According to data from the DGT, distractions at the wheel have been the leading cause of fatal accidents since 2016, with the use of mobile phones and applications such as WhatsApp leading the way. In addition, in 2020 the deaths of users who did not use the belt increased. 125 of the deceased who were in cars or vans did not use this security element, which represents 26% of the total fatalities, four points above the percentage in 2019.

Scooter with helmet

After the entry into force of this reform, drivers of personal mobility vehicles, such as scooters, will be required to wear a protective helmet. According to data from the Línea Directa Foundation, half of the accidents involving these vehicles are collisions with other vehicles, generally cars, and falls on the road. And the most common and dangerous injuries occur to the head and, above all, to the face.

Since January of this year, electric scooters – whose use has become popular in cities in recent years – are considered one more vehicle and, therefore, are subject to the same laws as drivers of cars or motorcycles. As they are considered drivers, the people who use them will not be able to wear headphones or use their mobile phones and they will be able to carry out breathalyzer tests. It was also forbidden to circulate on sidewalks and in pedestrian areas, on interurban roads and on highways and highways.

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