A blow to the pocket for order on the roads

A resident of Nikšić, who was found to have a blood alcohol level of 2,30 per mille during a breathalyzer test the day before yesterday, will pay 2.000 euros, which is the first largest misdemeanor fine under the new rules of the Road Traffic Safety Act (ZOBS), while his fellow citizen was fined 200 euros less in the Misdemeanor Court because he had a blood alcohol level of 2,07 per mille the day before yesterday.

The fine of 2.000 euros is also the largest fine provided for by the new ZOBS, which came into force on Friday, and the legal solution also introduces a measure of banning driving, while in extreme cases, the police will temporarily seize vehicles.

The improved law has increased fines for almost all traffic violations that lead to the most serious accidents - reckless driving and driving under the influence of alcohol and drugs, overtaking in places where it is not allowed, entering an intersection at a red light, but also for not wearing a seat belt...

Driving a vehicle while the driver is already banned due to numerous fines will be treated particularly harshly, so in the future, returnees will be fined between 1.000 and 2.000 euros, or sentenced to prison, with a mandatory ban on driving.

As of August 9, 44 people have died in traffic accidents, and unless something changes in traffic (un)culture, it is difficult to expect that the black numbers from last year and 2024, when 67 and 75 people died on the roads, respectively, could be significantly reduced by the end of this year.

The Ministry of Internal Affairs and the Police Directorate hope that the stricter penal policy should lead to greater compliance with traffic regulations, but also a significant reduction in traffic accidents with serious consequences.

To achieve this goal, the police need many more traffic patrols, as well as the help of stationary radars, which have been mentioned in strategic documents since 2012, but have never been purchased or installed at critical points on roads in Montenegro.

Although the Ministry of Interior announced that in the first phase, it will install 21 stationary radars by the end of 2026, with the opening of an accompanying, modern IT command center, as things stand now, it is difficult to expect that this work will be completed by the end of this year.

Young people drive until midnight

The new ZOBS separates two categories - young drivers up to 24 years of age and novice drivers, or those with less than 12 months of driving experience.

Special rules have been introduced for young drivers under the age of 21, namely a restriction on night driving from midnight to 5 a.m., as well as driving cars with a power of more than 80 kilowatts without the supervision of a more experienced driver.

Such a restriction in practice will mean that a large portion of cars used daily on Montenegrin roads will no longer be available to young drivers without meeting additional requirements.

Speed ​​limits have also been introduced for young people - young drivers and beginners are not allowed to drive faster than 70 km/h on roads, or 100 km/h on the highway, while a limit of 40 km/h has been introduced for mopeds.

The new ZOBS introduces zero tolerance for alcohol for young and novice drivers, while driving for more experienced drivers ends if patrols record them with more than 0,3 per mille of alcohol during breathalyzer testing.

Electric scooters, which have been used for years outside any legal framework, are finally included in the new Road Traffic Safety Act. It stipulates, among other things, that persons under the age of 16 cannot operate an electric scooter on a public road, and it is also prohibited for another person to ride such a vehicle. If there is no cycling infrastructure, a scooter can be used on the road with a speed limit of 30 km/h, and a driver of at least 18 years of age, under the prescribed conditions, can also drive an electric scooter on a road with a speed limit of 50 km/h.

Pedestrians and cyclists who travel on roads outside settlements at night, or in conditions of reduced visibility, must wear a vest with light-reflecting properties, and for cyclists, a helmet is mandatory on main and regional roads.

The law specifies that the phone can only be used while driving with the help of equipment that allows hands-free use.

Penalties and sanctions

The new ZOBS significantly tightens the penal policy, especially for the most serious offenses. Prison sentences of 15 to 60 days are provided for exceeding the speed limit in a residential area by more than 70 km/h, driving under the influence of alcohol over 2 g/kg, refusing to take a breathalyzer test, as well as driving under a ban or without a driver's license.

The maximum number of penalty points that can be imposed for a single offense has been increased from five to six, and it is envisaged that a driver's driving rights will be temporarily restricted for 90 days if they accumulate 12 penalty points over two years.

Traffic patrols have also received a new "control tool" under the new law - the police can temporarily seize a vehicle from a driver who has been fined for the most serious traffic violations within two years.

The powers to arrest drivers have been expanded if they exceed the speed limit (over 50 km/h in built-up areas and /70 km/h outside built-up areas), if they use radar jammers, or if they run a red light at least twice within 10 minutes.

Arrest is provided for fleeing from the police - failing to stop at a prescribed sign or order from a police officer.

The possibility of detailed technical inspections on the road itself for trucks, buses and tractors has also been introduced.

The law also regulates the measurement or punishment of drivers based on the mean (average) speed at which they traveled a certain section of the road, and not only based on the current speed recorded by the radar system.

These measures were introduced to further tighten the penal policy towards drivers who persistently repeat the most dangerous violations, directly endangering the lives of other road users.