Saturday, August 2, 2025

CHANGES ARE IN THE PIPELINE WITH A BILL FOR CAMERAS - SMS AND E-MAIL THE INFORMATION ABOUT OUT-OF-COURT CASES

 Filenews 2 August 2025 - by Michalis Hatzivasilis



Significant changes are coming to the law on the use and operation of photolabeling devices, the well-known cameras of the Traffic Police, in order to close gaps and weaknesses of the system observed in its 2 1/2 years of operation. A bill of the Ministry of Transport provides for the notification of offenders by sms or e-mail, it becomes mandatory to indicate a driver, while not only causing damage to vans with mobile cameras, but also obstructing them, such as causing damage to warning signs for the existence of cameras, is criminalized. The new way of information is expected to unblock the thousands of out-of-court cases that remain undelivered because offenders do not receive them.

According to the bill, those who obstruct the operation of the cameras will be punished with imprisonment for up to two years or a fine of up to €5000, while they will also pay any damage to cameras or signs.

The revised bill regulates the following:

The ability to record the violation on video, except for a photo, at the time the device is activated.

Clarification that the date of issuance of the fine is considered to be the date of service of the notification or its receipt, by regular or e-mail, or the date of sending the message to the offender's telephone number.

The ability to inform the offender either by post, by personal registered letter, or by message to the telephone number that he has declared to any competent state authority or in a government electronic application, which can be used by vehicle owners.

It is also clarified that when the vehicle involved in an infringement is registered with a legal entity, a letter will be sent to the company's chief executive officer to indicate the driver of the vehicle, before the procedure for sending the infringement notice is implemented, so that it can be sent to the driver of the vehicle. In cases of infringement with a vehicle of a vehicle rental company without a driver, the offender will be considered the driver who was the lessee of the vehicle. It is also provided that in the event that the registered owner of the vehicle indicates the offending driver and he does not accept the commission of the offence or is not identified, the proceedings will continue against the registered owner.

Ability to electronically register the data of the offender driver in a database, for the purposes of phototagging only, as well as the obligation of the recipient of the information to register his/her correct address in an electronic database for the purposes of phototagging only, in case his/her address as recorded is incorrect.

In the event that the registered owner of the vehicle, despite being located, refuses to receive the notification, it is presumed that the notice has been received and, in the event that the extrajudicial fine indicated on it is not paid, criminal proceedings may be brought against him. It is understood that the electronic way of information includes the electronic registration of the driver's data, through a website that is communicated to the general public, by the Responsible Photolabeling Officer.

It is also provided that in the event that the notice of an out-of-court fine is sent electronically and the out-of-court fine indicated in the notice is paid within 45 days of its electronic sending, then the process of both sending the notice by postal personal registered letter and personal service is terminated.

The recipient of the notification of the existence of a fine, as it is carried out on the basis of paragraph (a) of this paragraph, is obliged to register the correct address in an electronic database, which is used exclusively for the purposes of applying this Law, within 15 days from the notification that happened to be notified. Failure to comply with the provisions of this paragraph shall be punishable by a fine not exceeding €3000 or imprisonment not exceeding one year.

Responsibilities of the driver

At another point in the bill it is provided that in case the registered owner of a vehicle, either natural or legal person, does not act in accordance with the new legislation, as the case may be, i.e. if he fails to notify that he is not the offending driver and this fact becomes apparent retrospectively and after the expiry of the specified period of 15 days, commits an offence punishable by imprisonment for up to six months or a fine of up to €2000 or both.

It is also filled with a new provision, the gap that had been observed, with who is the driver and who is responsible in case the vehicle has been sold, but has not been transferred to the new owner. As provided for by the bill, in case the registered owner of a vehicle, whether a natural or legal person, notifies the responsible officer of his claim that he is not the offending driver, but does not provide clear, sufficient and complete information of the offending driver, in violation of subparagraph (4) or subparagraph (7), of article 6, he commits an offence punishable by imprisonment of up to six months or by a fine of up to €2000 or both.

Obstructing vans or causing damage is an offence

The bill has been put up for public consultation until August 25

With the new bill, a provision is added that makes it an offence to prevent the smooth operation of a photolabelling device and not only to cause damage.

Specifically, it is stated that:

"Anyone who intentionally – (a) causes damage to a photolabelling device or any part or component thereof, or to a vehicle in which the device operates or in which it is transported, and/or

(b) interferes with or makes impossible the smooth operation of a photolabelling device;

commits an offence, punishable by a fine not exceeding €5,000 or imprisonment for a period not exceeding one year and the Court may additionally order the offender to pay, an amount to be determined by the Court for the damage caused.

It is also provided that any person, with intent to damage a photolabelling warning sign or renders it illegible or without authorisation and intentionally interferes in any way and achieves its removal or removal from the place initially placed in the context of the application of this law, commits an offence punishable by a fine not exceeding €5,000 or by imprisonment for a period not exceeding one year and the Court may in addition, order the offender to pay an amount to be determined by the Court for the damage or loss caused.

It is noted that the bill has been put up for public consultation until August 25 for comments and comments on behalf of interested parties.