Road safety: strengthening the criminal law framework (Law No. 1.582 of 14 November 2025)

Law No. 1.582 of 14 November 2025 on various measures to strengthen road safety (JDM No. 8774 of 21 November 2025) is issued from Bill No. 1107 received by the Parliament on 30 April 2025. It was tabled in Public Session on 15 May 2025 and referred to the Legislation Committee, and voted on 6 November 2025.

Presentation

The reform comes at a time marked by a significant increase in risky road behaviour, particularly driving under the influence of alcohol or drugs, and speeding.

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".

Law No. 1.582 strengthens penalties for traffic offences, with a "view to increasing driver accountability, stepping up enforcement measures and harmonising 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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Contents of Law No. 1.582

The reform strikes a balance between prevention (extended screening), punishment (stiffer penalties) and legal certainty (consistency of legislation). It draws inspiration to a certain extent from French law, adapting it to local specificities.

→ 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.)
• In the event of a repeat offence (récidive): the fine (from €2,250 to €9,000) may be increased (from €18,000 to €90,000), in addition to the increase in the prison sentence already provided for in Article 40 CP.

Note: the Legislation Committee has removed the possibility of cumulative penalties for offences involving driving under the influence of alcohol or drugs on the grounds that "such cumulative penalties could lead to sanctions exceeding the threshold for criminal offences for simple offences. Given this risk of unpredictability and the potentially disproportionate nature of the penalties incurred." The original text was inspired by Article L. 235-1, I CR fr. (combination of driving under the influence of drugs and driving under the influence of alcohol). The accumulation of penalties is limited to the offence of refusal to comply and the offence of fleeing the scene. See Article L. 233-1, II CR fr. (accumulation for refusal to comply).

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

• Mandatory monitoring regime for: 1° the alleged perpetrator of an offence (driving while intoxicated or under the influence of alcohol or other traffic offences constituting a criminal offence); 2° the perpetrator of one of the following offences: - crossing a solid line; - exceeding speed limits; - failing to obey traffic lights; 3° the driver of a land vehicle involved in a traffic accident; 4° any driver of a land vehicle, as part of preventive checks carried out on the basis of a reasoned decision by the Minister of State for National Security (Article 1 of Law No. 1.430 of 13 July 2016, as amended).
• Optional testing regime for victims of traffic accidents, who may also be subject to screening.
• Specification of screening methods, by medical, chemical or biological analysis or examination (‘in particular by blood analysis’).

→ 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.
• In the event of a repeat offence: the fine (from €2,250 to €9,000) may be increased (from €18,000 to €90,000), in addition to the increase in the prison sentence already provided for in Article 40 CP.
• The provisions relating to screening are transferred to a new article (391-15-1 of the Criminal Code) to improve the consistency of the text (see below).

Note: as indicated above, the Legislation Committee has removed the possibility of cumulative penalties for offences relating to driving under the influence of drugs and alcohol.

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

• Mandatory supervision regime for: 1° persons suspected of having committed the offence of driving under the influence of narcotics; 2° persons who have committed one of the following offences: - crossing a solid line; - exceeding speed limits; - failing to obey traffic lights; 3° drivers of land vehicles who are drunk or under the influence of alcohol; 4° the driver of a land vehicle involved in a traffic accident; 5° any driver of a land vehicle, as part of preventive checks carried out on the basis of a reasoned decision by the Minister of State for National Security (Article 1 of Law No. 1.430 of 13 July 2016, as amended).
• Optional testing regime for victims of traffic accidents, who may also be subject to screening.
• Refusal to undergo screening is punishable in the same way as driving under the influence of drugs: 2 years' imprisonment and a fine of €4,500. 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).
• New additional penalty that may be imposed by the judge:"7° completion, at their own expense, of a road safety awareness course".
• Clarification of the additional penalty 5° immobilisation of the land vehicle used by the convicted person to commit the offence: possible if the offender is the owner or lessee, with details of the conditions under which the owner may regain possession of their vehicle (via a qualified driver). The Report on the bill specifies that "The Government and the Committee have agreed that free loans are not covered by this provision, so that the land vehicle cannot be immobilised on this basis in such cases". 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: 1 to 6 months' imprisonment and/or a fine of €2,000 to €9,000. Additional penalties provided for in Article 391-16 CP. Note: the Commission has revised the penalties for individuals originally proposed by the Government (6 months' imprisonment and a fine of €7,500), which were in line with those provided for in Article 108 of Bill No. 1.088 on sport currently under consideration, punishing the organisation of a sporting event without authorisation. The Legislation Committee stated that it had "preferred to adopt the system of penalties now generally accepted in the Criminal Code" and that it would "obviously ensure that these provisions are harmonised with those of Bill No. 1088". In addition, the Committee removed the €50,000 fine originally provided for legal persons, on the grounds that "Article 29-2 of the Criminal Code already provides that the fine applicable to such persons is equal to five times that incurred by natural persons, i.e. in this case €45,000, which is close to the €50,000 initially provided for in the bill."
• (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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