The Security Decree (No. 113 of Oct. 4, 2018) converted into law on Dec. 1, 2018 (Law No. 132, published in Official Gazette No. 281), effective Dec. 4, 2018, introduced several changes to the Highway Code. Below we summarize in a nutshell the main innovative aspects of the Law.
1. OBJECTIVE OF THE LAW
The regulations on the circulation, in Italy, of vehicles with foreign license plates have recently been the subject of amendment by the legislature. In the Security Decree, with the amendment of Articles 93 and 132 paragraph 5 of the Highway Code, regulations were introduced that aim to punish all those people who reside in Italy but use a car with a foreign license plate to evade the tax authorities.
2.IN PILLS...
2.1 New formalities required for the circulation of motor vehicles, motorcycles and trailers (Art. 93 Highway Code).
It is forbidden for those who have established their residence in Italy for more than sixty days to circulate with a vehicle registered abroad. In such a case, the penalties provided for violation consist of the payment of a sum from Euro 712.00 to Euro 2,848.00 and, if the vehicle is not registered in Italy or the issuance of a waybill is not requested within 180 days, the consequent confiscation of the vehicle.
WHEN DOES THE NEW LAW NOT APPLY?
In the case where, it is:
- vehicle leased or rented without a driver (i.e., temporary rental of means of transport, carried out professionally) by an enterprise established in another member state of the European Union or the European Economic Area, which has not established a branch or other effective office in Italy; or
- vehicle granted on gratuitous loan to a person residing in Italy and bound by a relationship of employment or collaboration with an enterprise established in another member state of the European Union or adhering to the European Economic Area that has not established in Italy a secondary office or other effective seat; a document, signed by the holder and bearing a certain date, must be kept on board the vehicle, showing the title and duration of the availability of the vehicle. In the absence of such a document, the availability of the vehicle is considered to be in the hands of the driver.
In this case, the administrative penalty in the event of a violation consists of the payment of a sum of 250.00 to 1,000.00 euros. In the dispute report, an obligation is imposed to produce the above document (signed by the holder and bearing a certain date, showing the title and duration of the availability of the vehicle*) within a period of 30 days. The vehicle shall be subject to the accessory sanction of administrative detention in accordance with the provisions of Article 214 of the Highway Code, insofar as compatible, and shall be returned to the driver, owner or lawful holder, or a person delegated by the owner, only after the above document (*) is produced or, in any case, after 60 days from the establishment of the violation. In case of failure to produce the document, the assessing body shall apply the administrative penalty referred to in Article 94, paragraph 3 (payment of a sum from Euro 728.00 to Euro 3,636.00), with the time limit for notification starting from the day following the day set for the presentation of the documents. In addition, anyone who circulates with a trailer coupled to a tractor vehicle whose characteristics are not indicated, where prescribed, in the registration certificate is subject to the administrative penalty of paying a sum of Euro 87.00 to Euro 345.00.
2.2 Circulation of Vehicles Registered in Foreign States (Article 132 of the Highway Code)
Motor vehicles, motorcycles and trailers registered in a foreign state and which have already fulfilled customs formalities, are allowed to circulate in Italy for the maximum duration of one year, according to the registration certificate of the state of origin. After the expiration of the one-year period, if the vehicle is not registered in Italy, the holder shall apply to the competent office of the civil motorization, upon surrender of the registration document and foreign license plates, for the issuance of a waybill and related license plate, pursuant to Article 99 of the Highway Code, in order to drive the vehicle beyond border crossings. The civil DMV office shall arrange for the return of the license plates and the waybill to the competent authorities of the issuing state. The provision does not apply to citizens residing in the municipality of Campione d'Italia, and failure to comply with the rule results in a ban on entering the national territory and the administrative penalty of payment of a sum from 712.00 euros to 2,848.00 euros. The ascertaining body shall transmit the traffic document to the competent civil DMV office, order the immediate cessation of circulation of the vehicle and its transportation and storage in a place not subject to public passage. If within the period of 180 days, starting from the date of violation, the vehicle is not registered in Italy or the issuance of a waybill is not required to take it beyond the border crossings, the accessory sanction of administrative confiscation shall be applied.
