Licenses, fines, impoundment… what the new traffic code reform includes

As our roads remain just as deadly, a new overhaul of the Traffic Code is in the works. Driver’s license reform, increased fines, stricter penalties for transport operators… Here’s an overview of the key measures.

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Rachid Tniouni / TelQuel

Morocco is preparing to take a new step in its fight against road insecurity. In response to persistently alarming figures, the Ministry of Transport and Logistics is working on a new reform of the Traffic Code. The legislation was already extensively revised in 2010, but its implementation has revealed numerous shortcomings.

This latest overhaul aims to strengthen the legal framework, address gaps in the current legislation, and adapt regulations to technological advancements and new realities in road traffic.

These challenges are at the heart of the draft law amending and supplementing Law No. 52-05, which is currently open for public comment.

The latest statistics highlight the need for stricter regulations. According to data from the department led by Abdessamad Kayouh, accidents increased by 9.5% during the first ten months of 2023, demonstrating the limitations of existing measures. In total, more than 3,800 people lost their lives on the country’s roads and streets in 2023. However, between 2015 and 2022, road fatalities had decreased by 22.47%, though certain categories of road users remain particularly vulnerable.

Motorized two-wheel vehicle drivers, in particular, have seen a 31.14% increase in mortality rates, confirming their ongoing vulnerability. Under these conditions, the goal set by the National Road Safety Strategy 2017-2026—to reduce road deaths by half—seems difficult to achieve, at least without a drastic legislative overhaul.

Towards a driver’s license reform

One of the major changes introduced by this draft law concerns the conditions for obtaining and extending driver’s license categories.

According to this text, holders of a Category B license, which permits driving motor vehicles with a maximum weight of 3.5 tons, will also be allowed to operate vehicles requiring a Category A1 license—intended for light motorcycles—provided they complete specific training at an accredited driving school.

Additionally, candidates for a Category AM license, which allows individuals as young as 14 to drive mopeds under 50cc and light quadricycles, will be subject to a two-year probationary period before their license becomes fully valid, according to the draft law submitted to the General Secretariat of the Government (SSG).

Tightening of the system for fines

Certain violations that were previously considered minor will now be reclassified as first-class infractions, carrying a fine ranging from 700 to 1,400 dirhams. These include failure to wear a protective helmet for motorcyclists, transporting loads that exceed the width or length of the vehicle, and carrying goods that obstruct signal and lighting systems, such as position lights, brake lights, turn signals, or license plates.

Similarly, improperly distributed cargo that compromises the driver’s visibility or risks causing an imbalance in the vehicle and its trailer will now be subject to stricter penalties.

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Failure to comply with authorized weight limits, calculated per ton and per axle, is also among the infractions subject to stricter penalties, along with stopping or parking in areas strictly reserved for pedestrians, trams, railway crossings, and bike lanes.

The unauthorized occupation of docks and stations designated for public transport, as well as the unauthorized use of passages and lanes reserved for trams, will also now be classified as first-class infractions.

Additionally, the list of second-class infractions has been expanded to include new violations, carrying fines ranging from 500 to 1,000 dirhams. These include the absence of child-appropriate seating, driving with an expired driver’s license or vehicle registration, failure to wear a seatbelt, and non-compliance with lanes reserved for light vehicles such as bicycles, motorcycles, tricycles, and quadricycles.

Other vehicle safety violations are also included in this category of infractions, such as the absence or malfunction of the anti-lock braking system (ABS), towing vehicles outside regulatory standards, and violations of rules concerning emergency vehicles. Finally, failing to yield the right of way to pedestrians will now be subject to a heavier financial penalty.

Chronotachograph: fines of up to 200,000 dirhams

The reform also aims to address certain shortcomings in the current enforcement system, particularly regarding non-compliance with regulations on chronotachographs—mandatory devices for certain freight and passenger transport vehicles designed to record speed, driving time, and rest periods for drivers.

Until now, violations related to failing to maintain this device, tampering with it, or not archiving recorded data have primarily been penalized by the suspension of the driver’s license.

The draft law proposes replacing this penalty with an administrative fine imposed on the vehicle operator, ranging from 100,000 to 200,000 dirhams. This fine may be doubled in cases of repeat offenses within one year—a measure intended to place greater responsibility on businesses and fleet managers.

Beyond financial penalties for vehicle operators, the reform also introduces stricter regulations for drivers themselves. Any violation related to the use of the chronotachograph—whether driving without the device activated, using a non-compliant device, failing to provide mandatory data, or exceeding maximum driving hours—will now be subject to an administrative fine ranging from 1,500 to 3,000 dirhams.

To ensure the effective implementation of these measures, the draft law specifies that « the driver’s license may be retained until the fine is paid, while a temporary receipt will allow the offender to continue driving for a limited period. »

More reasons for vehicle impoundment

In line with the previously introduced stricter measures, the immediate impoundment of vehicles will now be possible in more specific cases. This includes vehicles traveling on highways with a manufacturer-specified maximum speed of less than 60 km/h, as they disrupt traffic flow and compromise road safety.

Similarly, exceptional transport vehicles operating without authorization will now be subject to immediate immobilization, as will emergency vehicles belonging to individuals not approved by the administration or the license holder but still providing roadside assistance services.

Additionally, impoundment may apply in cases of illegal or dangerous parking, particularly if the driver is absent or refuses to comply with law enforcement orders to stop the violation.

Finally, exceeding the authorized number of passengers on a bicycle, motorcycle, motorized tricycle, or quadricycle may also justify this enforcement measure.

Crackdown on illegal transport

This draft law also aims to strengthen the fight against informal or illegal transport of goods and passengers, a sector that still largely escapes regulation. To address this, the Ministry of Transport and Logistics proposes stricter penalties for offenders.

From now on, any owner of a vehicle registered abroad who engages in transport activities or provides collective passenger transport services without complying with the provisions of bilateral agreements will be subject to an administrative fine of 5,000 dirhams per excess ton beyond the authorized total weight for the vehicle in question.

Similarly, anyone operating a freight or passenger transport service without authorization from the competent ministry services will face a financial penalty of 10,000 dirhams.

In cases of repeat offenses, the fine will automatically double. Additionally, law enforcement will be authorized to immediately seize the vehicle’s registration certificate.

A temporary receipt will allow the vehicle to circulate for a maximum of five days, after which the document will only be returned once the fine is fully paid.

Written in French by Younes Saoury, edited in English by Eric Nielson