Punishments for Fatal Traffic Accidents to Be Toughened: New Prison Terms and License Revocations for 15 Years Proposed in Parliament

In Ukraine, proposals have been put forward to significantly increase liability for dangerous traffic violations. A new bill includes provisions for higher fines for speeding, a reduction in the "impunity threshold," harsher penalties for repeat offenders, and amendments to the Criminal Code concerning sanctions for accidents resulting in fatalities and serious injuries. These proposed changes are detailed in bill No. 15348-1.

As reported by the "Judicial-Legal Newspaper", the primary bill, No. 15348, was previously submitted to Parliament.

This bill suggests adding a new article, 122-6, to the Code of Ukraine on Administrative Offenses (CUAO), which will exclusively address violations related to exceeding established vehicle speed limits.

A tiered system of fines is proposed, based on how much the driver exceeded the speed limit:

• Exceeding by more than 20 km/h: a fine of 680

  UAH.

• Exceeding by more than 40 km/h: 2,040 UAH.

• Exceeding by more than 60 km/h: 2,720

   

  UAH.

• Exceeding by more than 80 km/h: 3,400 UAH.

Furthermore, for drivers who have incurred five or more administrative liabilities within a year for exceeding the speed limit by more than 60 or 80 km/h, the bill proposes a fine of 17,000 UAH (equivalent to 1,000 non-taxable minimum incomes of citizens).

Unlike the main bill, the alternative bill proposes higher fines and includes amendments to the Criminal Code to enhance liability for fatal traffic accidents.

Proposed Changes in the Alternative Bill

Bill 15348-1 suggests supplementing the Code of Ukraine on Administrative Offenses with a new article, 122-6, specifically regulating liability for speeding.

Separate sanctions are proposed for drivers who consistently and significantly exceed speed limits. If an individual is held liable four or more times within a year for exceeding the speed limit by 40 km/h or more, they face a fine of 17,000 UAH. For any subsequent similar violation within a year, a repeated fine of the same amount and a driving ban ranging from six months to one year are envisaged.

Additionally, it is proposed to reduce the "impunity threshold" for speeding from 20 km/h to 10 km/h. According to the authors, this aligns with practices in most EU countries, where the permissible excess typically ranges from three to ten kilometres per hour.

Changes also affect article 122 of the CUAO. For drivers who repeatedly violate rules concerning pedestrian crossings, intersections, overtaking, oncoming traffic, running a red light, or failing to yield to pedestrians at uncontrolled crossings within a year, a fine of 3,400 UAH is proposed.

Should such violations occur for a third time within a year, the fine increases to 5,100 UAH, coupled with a driving ban for a period of six months to one year.

The bill also strengthens liability for individuals who drive vehicles despite having been previously disqualified from driving.

Changes to the Criminal Code

Beyond administrative changes, the alternative bill proposes to increase criminal liability for violations of traffic safety rules that result in a fatality or serious bodily injury.

Specifically, amendments to article 286 of the Criminal Code of Ukraine suggest that, in addition to the primary punishment of imprisonment, the court must impose an additional penalty: a driving ban for a period of 3 to 8 years. If multiple fatalities occur as a result of an accident, the proposed driving ban period is extended to 8–12 years.

The bill further proposes to add a new section to article 286, establishing liability for repeated violations of traffic safety rules that cause a fatality. Such a crime would carry a sentence of imprisonment from 8 to 12 years, along with a driving ban for a period of 12 to 15 years.

In summary, the main bill primarily focuses on strengthening administrative liability for speeding and introducing fines based on the severity of the violation. The alternative bill, however, proposes more comprehensive changes, encompassing not only administrative sanctions but also enhanced criminal liability for accidents with serious consequences.

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