Road safety: strengthening the criminal law framework (Bill no. 1107)

Bill no. 1107 on various measures to improve road safety (2025-04, 16 April 2025), received by the Parliament (Conseil National) on 30 April 2025, comes against a backdrop of a significant increase in risky road behaviour, particularly driving under the influence of alcohol or drugs, and speeding.

It was tabled in Public Session on 15 May 2025 and referred to the Legislation Committee (CL).

The Explanatory Memorandum begins with a reminder of the most serious road accidents that occurred in Monaco between 2023 and 2024, before noting that "While the regulations in force have enabled significant progress to be made, changes in behaviour, driving practices and economic and social circumstances call for legislative provisions to be adapted". (pp. 1-2).

The Government thus intends to increase the penalties applicable to road traffic offences, with a "will to make drivers more responsible, to intensify the means of control and to harmonise the provisions with international road safety standards".

Objectives of the reform

The main objectives of Bill no. 1107, which amends several articles of the Criminal Code (CP) and creates new offences, are as follows:

• to increase the dissuasive and proportionate nature of penalties for driving under the influence of alcohol or drugs;
• to increase the penalties for professional drivers;
• to extend the scope of roadside testing, without restrictive conditions (even in the absence of a previous offence or accident);
• to make refusal to comply or to cooperate with checks more punishable;
• to make repeated exceeding of the speed limit by more than 50 km/h a criminal offence (délit).

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Outline of Bill no. 1107 (before going to parliamantary Committee)

The reform strikes a balance between prevention (extended screening), punishment (stiffer penalties) and legal certainty (consistency of legislation). It is based on French law and adapted to specific local circumstances.

→ Driving while drunk or under the influence of alcohol (amendment to article 391-13 CP)

• The maximum prison sentence is increased from 6 months to 2 years. Cf. article L. 234-1 of the French Highway Code (CR fr.)
• Possibility of combining the penalties applicable to this offence with those imposed for other driving offences Cf. article L. 233-1, II CR fr. (accumulation for refusal to obey) and L. 235-1, I CR fr. (accumulation between driving under the influence of drugs and driving under the influence of alcohol).

→ Alcohol testing (amendment to article 391-14 CP)

• Extension of testing possibilities to any driver of a motorised land vehicle, even in the absence of a previous offence or accident (removal of the previous restrictive conditions). Cf art. L.234-9 CR fr.

→ Driving under the influence of narcotics (amendment to article 391-15 CP)

• The maximum prison sentence is increased from 6 months to 2 years. Cf. article L. 235-1, I CR fr.
• Possibility of combining penalties.
• The provisions relating to testing have been transferred to a new article to make the text more coherent (see below).

→ Narcotics testing (new article 391-15-1 CP)

• Eextension of the possibility of drug testing to all drivers, without restrictive conditions. Refusal to take a test will be punishable in the same way as driving under the influence of drugs: 2 years' imprisonment, fine of 4,500 euros. Cf. article L.235-3, I CR fr.

→ Increased penalties for professional drivers (new article 391-15-2 CP)

• Drivers of heavy goods vehicles, buses and any other person holding a title or document issued by a public authority for the purpose of recognising a right or granting an authorisation to transport passengers.
• Increased penalties for driving under the influence of alcohol or narcotics when the offence is committed while on duty: imprisonment for 6 months to 3 years, fine of 9,000 to 18,000 euros.

→ Additional penalties (modification of article 391-16 CP)

• Extension of additional penalties to driving under the influence of alcohol or narcotics (reference to new articles 391-13 à 391-15-1 CP) and refusal to submit to screening tests (reference to articles 391-14 et 391-15-1 CP).
• Clarification of the additional penalty of immobilisation of the vehicle, which is possible even if the offender is the lessee, with details of the conditions under which the owner may repossess the vehicle (via a qualified driver). Cf. art. L. 325-1-2 et L. 235-1, III CR fr.
• In the event of a repeat offence (article 40 CP: repeat offence of ordinary offences where the person was sentenced to a prison term for the first time) within 5 years, automatic confiscation of the vehicle owned by the convicted person, unless the court decides otherwise and gives reasons. Cf. art. L. 234-2, L. 235-2, L. 234-8 et L. 235-3 CR fr. (confiscation even in the absence of a repeat offence under French law).

→ New offences (articles 391-16-1 to 391-16-5 CP)

• (Article 391-16-1 CP) Refusal to submit to checks on driving or vehicle documents (as provided for in l'article 130 Code de la route) : 11 to 3 months' imprisonment, 1,000 to 2,250 euros fine. Additional penalties provided for in article 391-16. CP. Refusal of identity checks and inspections is punishable under article 2 of Law no. 1.430 of 13 July 2016 on the preservation of national security, as amended. Cf. art. L. 233-2 CR fr. (referring to checks on the vehicle or the person).
• (Article 391-16-2 CP) Refusal to stop immediately on the first injunction from law enforcement officers (pursuant to second paragraph of article 10 Code de la route) : 3 months to 2 years' imprisonment, 9,000 to 18,000 euros fine. Increased penalty: when the offence is committed in circumstances that directly expose another person (1 to 5 years' imprisonment, 9,000 to 18,000 euros, or up to four times the amount) or law enforcement officers (1 to 7 years' imprisonment, 18,000 to 90,000euros fine) to a risk of death or injury likely to result in permanent mutilation or disability. Additional penalties provided for in article 391-16. CP. In the event of a repeat offence within 5 years: licence may be cancelled with a ban on applying for a new licence for a period not exceeding 10 years; confiscation of the vehicle owned by the convicted offender, unless the court decides otherwise. Cumulative penalties. Cf. articles L. 233-1, I et L. 233-1-1, I CR fr.
• (Article 391-16-3 CP) Refusal to stop after causing an accident (pursuant to third paragraph of article 10 Code de la route): 3 months to 3 years' imprisonment, 9,000 to 18,000 euros fine, which may be increased fourfold. Penalty doubled if the accident causes death or injury likely to result in permanent mutilation or disability. Additional penalties provided for in article 391-16 of CP. Cumulative penalties. Cf. article 434-10, alinéa 2 CR fr.
• (Article 391-16-4 CP) Organisation of a race or any event involving the participation of at least one motorised land vehicle taking place in whole or in part on the road without authorisation (as provided for in article 46 du Code de la route), or calling by any means for such a race or event to be held: 6 months' imprisonment, 7,500 euros fine for natural persons (this quantum is coordinated with that provided for in article 108 of Bill no. 1.088 on sport, currently being studied, which punishes the organisation of a sporting event without authorisation), 50,000 euros for legal entities. Additional penalties provided for in article 391-16 CP.
• (Article 391-16-5 CP). Aggravation (délit) for repeatedly exceeding the speed limit by more than 50 km/h within 5 years: 1 to 3 months' imprisonment, 1,000 to 2,250 euros fine, which may be doubled. Additional penalties provided for in article 391-16 CP. Cf. article L. 413-1 CR fr.

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