Minors behind the wheel: Police can fine parents or guardians, but cannot prohibit driving test registration

(Patria) - The bulletin of the MUP KS Police Administration shows that persons without a driving license are very often caught driving motor vehicles. The tragic accident that occurred on Wednesday evening in Skenderija revealed another devastating fact. The car was driven by a minor who, of course, does not have a driving license.

We asked the MUP KS what the law stipulates in such cases and what sanctions are imposed on these individuals.

“The Law on the Fundamentals of Road Traffic Safety in BiH, in Article 184, stipulates the conditions that a person must meet to drive a motor vehicle, and in Article 234, it stipulates that a driver who drives a motor vehicle on the road before obtaining the right to drive a motor vehicle will be fined from 400.00 KM to 1,000.00 KM for the offense.

In cases where a person who has not obtained the right to drive a motor vehicle is driving a motor vehicle, they will be issued a violation order for the offense from Article 184 of the Law on the Fundamentals of Road Traffic Safety in BiH, which imposes a fine of 400.00 KM, and such a driver will be removed from traffic.

If it is a person who is found to be a repeat offender of this type of offense, a violation procedure will be initiated against such a person based on a request to initiate a violation procedure, seeking the imposition of the maximum sanctions prescribed by law, and the motor vehicle used to commit the offense will be temporarily seized, in accordance with the authorities arising from Article 22 of the Law on Police Officers of Sarajevo Canton,” the MUP KS Police Administration states.

If the person driving the motor vehicle without a driving license is not the owner of the motor vehicle they were driving, a violation procedure will also be initiated against the owner of the motor vehicle for the offense from Article 172 of the Law on the Fundamentals of Road Traffic Safety, which stipulates that the owner, or the holder of the right to dispose of the vehicle, must not allow a person who does not have the right to drive that vehicle, or a person who does not have the right to drive the category of motor vehicle to which that vehicle belongs, to drive the vehicle in traffic.

“The aforementioned offense is punishable under Article 235 of the same law, which stipulates that the owner, or the holder of the right to dispose of the vehicle, who acts contrary to Article 172, will be fined from 100.00 to 300.00 KM,” the Sarajevo police state.

We were also interested in whether parents are sanctioned in cases involving minors and how such cases are handled, and whether a court measure prohibiting the taking of a driving test or a measure prohibiting driving a motor vehicle can be imposed in these cases.

“In cases where a minor commits an offense from Article 184 of the Law on the Fundamentals of Road Traffic Safety in BiH, a violation procedure is initiated based on a request to initiate a violation procedure and is handled in accordance with the provisions of Articles 40-48 of the Law on Misdemeanors, which in Article 40, paragraph (8), stipulates that the law may prescribe that the parent, adoptive parent, or guardian of a minor between 14 and 18 years of age who has committed an offense will also be fined if the committed offense is a consequence of the failure to supervise the minor, and they were able to exercise such supervision.

Parents, adoptive parents, or guardians of minors are sanctioned in accordance with the provision of Article 172, paragraph (5) of the Law on the Fundamentals of Road Traffic Safety in BiH if they are also the owners, or holders of the right to dispose of the motor vehicle with which the offense was committed. In accordance with Article 41 of the Law on Misdemeanors, only educational measures can be imposed on younger minors, while older minors can be imposed any sanction or measure specified in Article 21 of the Law on Misdemeanors, in addition to educational measures.

The law does not prescribe sanctions in the sense that a measure prohibiting the taking of a driving test or a protective measure prohibiting the driving of a motor vehicle, which can only be imposed on persons who have obtained the right to drive a motor vehicle, can be imposed,” the police state.

To the question of whether the MUP KS Police Administration will adopt an action plan to stop the reckless driving in Sarajevo during the night hours, and whether stricter sanctions will be requested for offenders, and whether the existing legal regulations allow for adequate sanctions in such cases, they replied:

“We would like to point out that, among other activities, police officers of the Police Administration of the MUP of Sarajevo Canton conducted operational plans during January and February of this year with the aim of reducing the endangerment of public traffic, and through the 'Street Racer' Plan, they issued 577 violation orders, through the 'Speed' Plan, 1,616 violation orders, and through the 'Alcohol' Plan, 461 violation orders and requests to initiate violation procedures,” the MUP KS Police Administration concludes.