Article 110

Recidivism – Driver Behavior Monitoring System

1. A repeat offense is defined as the commission of the same violation within the time period specified in the decision under paragraph 2, regardless of the geographical or temporal proximity to the commission of the previous violation and regardless of whether or not violation reports have been served, subject to the provisions of paragraphs 3, 4, and 5. Specifically, in the case of illegal parking under Article 38, concerning stopping and parking, when such parking continues for more than three (3) hours, a new violation is recorded and a repeat offense is deemed to have occurred.

2. In the Driver Behavior Monitoring System (S.E.S.O.) for motor vehicles and mopeds, data on violations of this law and their corresponding category and subcategory classifications are collected and recorded, in accordance with Article 108, regarding the categorization of violations.

3. (a) In the event that the violations of this law are committed a second time within a period of five (5) years and are related to:

(aa) driving under the influence of alcohol, in accordance with subparagraphs (a) and (b) of paragraph 7 of Article 46, concerning driving under the influence of alcohol, drugs, or toxic substances,

(ab) Regulatory Sign R-2 (Mandatory Stop) and Regulatory Sign R-29, in accordance with paragraphs 3 and 11 of Article 7, concerning road signage, or subparagraph (a) of paragraph 2 of Article 33, concerning making an on-site turn, (ag) a red traffic light, in accordance with subparagraphs (b), (e), (h), and (i) of paragraph 1 of Article 9, concerning traffic lights for vehicle traffic, (ad) driving vehicles to demonstrate skill, impress others, compete, or participate in impromptu races, in accordance with paragraph 8 of Article 16, regarding rules of road conduct, or competing in speed, in accordance with paragraph 5 of Article 23, regarding speed and distance between vehicles, driving at speeds exceeding two hundred (200) kilometers per hour as specified in subparagraph (d) of paragraph 9 of Article 24, regarding speed limits; (ae) failure by drivers to wear a seat belt, in accordance with paragraph 5, and the failure of drivers and passengers to wear safety helmets in accordance with paragraph 6 of Article 16, concerning rules of road conduct,

(f) failure to use special restraint and safety devices when transporting children, in accordance with paragraph 5 of Article 16, subparagraph (b) of paragraph 2 and paragraph 3 of Article 37, concerning the transportation of passengers in vehicles, with regard to the passenger’s protective helmet,

(az) the use of a cell phone while driving, in accordance with paragraph 2 of Article 17, concerning drivers, and paragraph 1 of Article 44, concerning special rules for riders of bicycles, mopeds, motorcycles, three-wheeled vehicles, and mopeds,

(a) Exceeding the applicable speed limit by fifty (50) kilometers or more, in accordance with Article 24, paragraph 12, subparagraph (c), (i) the use of the emergency lane, in accordance with paragraph 9 of Article 33, concerning the movement of vehicles on highways, expressways, and tunnels,

(a) stopping or parking in a location where there is a ramp for persons with disabilities, in accordance with subparagraph (i) of paragraph 2 of Article 38, or in designated or general parking spaces for people with disabilities, in accordance with paragraph 3 of Article 7, concerning road signage, and subparagraphs (i) and (j) of paragraph 4 of Article 38,

The offending driver shall be subject to an administrative fine of one thousand (1,000) euros and the administrative measure of suspension of the driver’s license for one hundred eighty (180) days, with the exception of the violation under subparagraph (ad) of this provision, for which the offender shall be subject to an administrative fine of four thousand (4,000) euros and the administrative penalty of revocation of the driver’s license for two (2) years.

(b) In the event that the violations of this law are committed a second time within a period of five (5) years and are related to:

(ba) failure to comply with a steady red traffic signal as provided for in Article 9, when such failure results in a traffic accident, (bb) failure to comply with traffic sign P-2 or P-29, or a combination thereof with additional signs under subparagraph (b) of paragraph 11 of Article 7, or making an on-the-spot turn as described in subparagraph (a) of paragraph 2 of Article 33, when this results in a traffic accident,

(bc) the use of a cell phone while driving, in accordance with subparagraph (ba) of subparagraph (b) of paragraph 6 of Article 17, concerning drivers, and paragraph 16 of Article 44, concerning special rules for drivers of bicycles, mopeds, motorcycles, three-wheeled vehicles, and mopeds; (bd) failure to yield the right of way as provided in subparagraph (e) of paragraph 5 of Article 30; the violation of a traffic light or a movable barrier at a level railroad crossing in accordance with subparagraphs (b), (c) and (d) of paragraph 1 of Article 31, and parking on a railroad crossing as described in subparagraph (d) of paragraph 2 of Article 38, concerning stopping and parking, and (e) driving under the influence of alcohol, with a blood alcohol concentration exceeding the limit set forth in subparagraph (c) of paragraph 7 of Article 46, concerning driving under the influence of alcohol, drugs, or toxic substances, or under the influence of substances listed in paragraph 8 of Article 46, (f) failure to comply with subparagraphs (a) and (b) of paragraph 2 of Article 47, regarding conduct in the event of an accident,

(bz) driving without the driver holding the required valid driver’s license, in accordance with subparagraphs (b) and (c) of paragraph 4 of Article 98, concerning driver’s licenses, penalties, and licenses for driving instructors of prospective drivers, and paragraph 4 of Article 100, concerning driver’s licenses for agricultural and construction machinery,

The offending driver is subject to an administrative fine of two thousand (2,000) euros and the administrative penalty of having their driver’s license revoked for four (4) years, with the exception of driving under the influence of alcohol above the limit specified in c) of paragraph 7 of Article 46 or under the influence of substances listed in paragraph 8 of Article 46, and abandonment of the situations described in subparagraphs a) and (b) of paragraph 2 of Article 47, for which the offender is subject to the administrative measure of revocation of the driver’s license for seven (7) years.

4. a) In the event of a third offense within a period of five (5) years from the immediately preceding commission of the violations specified in subparagraph a of paragraph 3, the offending driver shall be subject to an administrative fine of two thousand (2,000) euros and the administrative measure of revocation of the driver’s license for one (1) year, with the exception of the violation under subparagraph (ad) of paragraph 3, for which the offender shall be subject to an administrative fine of eight thousand (8,000) euros and the suspension of their driver’s license for four (4) years.

(b) In the event of a third offense within a period of five (5) years from the immediately preceding offense under paragraph 3(b), the offending driver shall be subject to an administrative fine of four thousand (4,000) euros and the administrative measure of revocation of the driver’s license for eight (8) years, with the exception of driving under the influence of alcohol, with a blood alcohol concentration exceeding the limit set forth in subparagraph (c) of paragraph 7 of Article 46, or under the influence of substances listed in paragraph 8 of Article 46, for which the offender is subject to a ten (10)-year revocation of their driver’s license and the abandonment of subparagraphs (a) and (b) of paragraph 2 of Article 47, in which case the offender shall be subject to a lifetime revocation of their driver’s license.

5. In the event that the same violation is committed for a fourth time and for each subsequent time within five (5) years of the commission of the last violation, the penalties set forth in subparagraphs (a) and (b) of paragraph 4 shall be imposed, depending on the violation. After five (5) years have elapsed since the commission of the last violation, provided there has been no new recurrence, any new violation shall be treated as a first offense.

6. In the cases referred to in paragraphs 3, 4, and 5, the driver who committed the violation is required to complete training and pass an exam in order to be issued a driver’s license. The right to take the examination referred to in the first sentence is granted after the expiration of the period during which the driver’s license was suspended, only upon presentation of proof of payment of the administrative fines, in accordance with Article 107, as applicable.

7. The administrative measures set forth herein shall be imposed and enforced concurrently and independently of criminal penalties.

8. Specifically, with regard to violations of this law that carry a custodial sentence, a repeat offender is defined as anyone who has been definitively sentenced to a prison term of at least six (6) months for any criminal offense under this law committed within the ten (10) years preceding the date of the offense.

a) In the case of a misdemeanor punishable by imprisonment of up to two (2) years, the minimum sentence for a repeat offender is increased by three (3) months. In all other cases of misdemeanors, the minimum sentence is increased by six (6) months.

(b) In the case of a felony, the minimum sentence is increased by two (2) years.