Three years in prison for wrongful passing? Road safety experts disagree, here's why

The changes in the Criminal Code, which has been being worked on for months by a wide group of experts in the Ministry of Justice, seem to affect the traffic rules as well. On September 17, 2023, Report Tv published a part of the draft that provided for a penalty of up to 3 years in prison for wrongful passing.

Road safety expert Gëzim Hoxha and lawyer Redi Ramaj, invited to the "Studio Live" show, argued why they are against it.

Hoxha emphasizes awareness but also the application of the fine.

"Overtaking is very dangerous, this requires heavy fines, but not, in any way, prison sentences. The consequences of one's mistakes cannot be so drastic. Overtaking is very dangerous. This requires heavy fines, but by no means prison terms," ??says Hoxha.

Aware of increasing the awareness of drivers, but also the necessity of stopping wrong passing that can endanger the life of the driver or others, Hoxhaj proposes doubling the amount of the fine.

"We still haven't learned to walk on the road. It is better to impose a fine of 500,000 lek for wrong overtaking".

As evidence, he brings the example when fines for seat belts were increased, thus increasing the awareness of citizens.

"In the beginning, drivers did not wear seat belts, after the fines were doubled, no one drives without a seat belt."

Even the lawyer Redi Ramaj in "Live Studio" is against the prison sentence for the wrong overtaking while he adds that for the drafting of a legal draft experts should also consult with road safety experts.

"Studies are needed, then we can take important measures. It is a draft that does not meet the technical conditions to be implemented in the Criminal Code. Experts should get other opinions and specialized people.

Ramaj believes that the draft which is currently still under discussion until its final form will have other changes.

"I believe that there will be major changes and it will not be passed as a draft in the form it was presented today," says Ramaj.

“Duhet të bëhet një studim. Një ligj ndryshon për të sjellë të mira në shoqëri. Legjislacioni duhet alternuar me ligjin e kompanive të sigurimit” shton më tej Hoxhaj.

Burg për parakalimin? Po a do ti trembë shoferët ky ndëshkim i rëndë?

"Natyrisht që do i trembë, por duhet të ecim me ndërgjegjësim që dhe pasojat e gabimet që bëjë dikush të mos jenë drastike. Ka ardhur koha që edhe ata që bëjnë projekte draftesh të shohin qarkullimet e skuterave. Problem është që nuk duhet të presim që të na bëhen si mizat e dheut por duhet ti ndalojmë tani" shton Hoxhaj.

In the draft provided by Report Tv, experts have proposed that the following be punishable as criminal offences: Wrong overtaking, driving vehicles not respecting the signs, driving vehicles in an irregular manner, not taking measures to make the prohibited vehicle recognizable or broken at a sufficient distance, when this is required to ensure the safety of road traffic, which may endanger the health and bodily integrity of a person or a property of considerable value. For these, the penalty is provided from a fine to 3 years in prison.