Changes in Land Transport Regulations

On 14 September 2022, theOrganic Law 11/2022, of 13 September, amending the Criminal Code on reckless driving of motor vehicles or mopedswas published in the Official State Gazette and Royal Decree 750/2022 of 13 September, amending Article 3 and Annex I of Royal Decree 920/2017 of 23 October, regulating the technical inspection of vehicles, with entry into force on 15 and 27 September 2022, respectively.

On the one hand, with regard to the amendments to Organic Law 11/2022 amending the Criminal Code in the area of imprudence in the driving of motor vehicles or mopeds, in general terms, it could be said that three new amendments have been introduced with the aim of reinforcing the spirit of the previous reform, that introduced by Organic Law 2/2019, of 1 March, amending Organic Law 10/1995, of 23 November, of the Criminal Code, on the subject of reckless driving of motor vehicles or mopeds and the penalty for leaving the scene of an accident, which provided the criminal justice system with greater legal certainty.

The first modification consisted in the reduction of the fine in the case of causing injuries through less serious negligence, which objectively require medical or surgical treatment of one or two months for their cure.

For its part, the second of the modifications has eliminated the requirement of a complaint by the injured party or their legal representative whenever death is caused by less serious negligence using a motor vehicle or moped, thus converting the offence typified in Article 142.2 of the Penal Code into a public offence.

And, thirdly, it has eliminated the possibility of imposing the sanction of deprivation of the right to drive motor vehicles and mopeds in offences of less serious negligence, stipulating that the imposition of this sanction is mandatory.

On the other hand, in relation to Royal Decree 750/2022 amending Article 3 and Annex I of Royal Decree 920/2017, of 23 October, which regulates the technical inspection of vehicles, two changes are introduced.

The first of these is the transposition into our legal system of the “Commission Delegated Directive (EU) 2021/1717 of 9 July 2021 amending Directive 2014/45/EU of the European Parliament and of the Council of 3 April 2014”, as regards the updating of the designation of certain categories of vehicles and the inclusion of eCall, an in-vehicle emergency system that automatically makes a free emergency call to 112 when a serious road accident occurs.

Finally, Royal Decree 750/2022, in its Single Additional Provision, increases, exceptionally and for a single time only, the period of validity of the next inspection date for vehicles affected by Order SND/413/2020, of 15 May, establishing special measures for the technical inspection of vehicles as a result of the situation caused by Rulings 1237/2021, of 18 October 2021, 1243/2021, 1244/2021 and 1246/2021, of 19 October 2021, of the Third Chamber of the Supreme Court.