The December 28, 2023, the provisions of Legislative Decree No. 184 of 22/11/2023, in the Official Gazette of 13 December 2023, which introduce various adjustments regarding the implementation of European Directive (EU) 2021/2118, take effect RC car expands, among other things, bycivil liability insurance against third parties also to vehicles stopped or parked in private places. However, several exceptions are assumed, let’s try to clarify them.
- Vehicles involved
- Areas of use
- Waiver and Suspension of Policy
- Sanctions
NEW CAR TPL MANDATORY: ALL VEHICLES AFFECTED
Specifically, Section 193(1) of the Road Traffic Act, which imposes the obligation of insurance coverage by current legislation on civil liability towards third parties, now refers to the amendment art. 1 paragraph 1 letter ) of the Private Insurance Code, which contains an updated list of vehicles subject to RCA duty:
- none motor vehicle exclusively operated by one mechanical force which travels on land, but not by rail, with a maximum design speed of more than 25 km/h or with a maximum net weight of more than 25 kg and a maximum design speed of more than 14 km/h;
- none trailer intended for use with the aforementioned vehicle, whether or not attached to it;
- and light electric vehicles identified with a special decree of the Minister of Trade and Made in Italy and the Minister of Infrastructure and Transport, in agreement with the Minister of the Interior, to be adopted within 90 days from the date of entry into force of the legislative decree. 184 (ie approx until March 28, 2024, although the deadline is not always met). Electric scooters should also be part of this type of vehicle.
Instead, wheelchairs for persons with physical disabilities are NOT considered vehicles and therefore MUST NOT be insured.
CAR TPL OBLIGATION ALSO FOR VEHICLES PARKED IN PRIVATE AREA: AREAS OF USE
As soon as the vehicles covered by the liability insurance obligation from the operation of the vehicle have been identified modified Article 122 the Insurance Code specifies areas of use:
- vehicles are subject to an insurance obligation if used by the function of the vehicle as a means of transport at the time of the accident;
- the duty applies regardless of property vehicles, from the ground floor on which it is used and whether it is stopped or in movement;
- the obligation relates to ii vehicles used exclusively in areas where access is restricted. To fulfill the RCA obligation, it is determined by public or private entities’ policies that cover the risk of multiple vehicles according to the contractual practice when used for the activity of these entities, provided that the vehicles are analytically identified in the policies. Commonly defined as “business”, these insurance products include, for example, rental, sharing, resale of vehicles, and use of fleets of buses, trucks, and school buses.
EXCLUSIONS AND SUSPENSION OF COVERAGE
In summary, from December 28, 2023, the date of entry into force of the rules of Legislative Decree No. 184, vehicle insurance is payable “regardless of vehicle characteristics”, “from the land on which it is used” (i.e. also in private spaces) and “whether standing or moving†(that is, even if it is locked in a garage or private garage). It also applies to exclusively used vehicles” in areas where access is restricted†as truly private property. The regulation is therefore definitely strict, but fortunately relaxed by a few exceptions which are contained in the new Article 122-bis of the Insurance Code and which we will now list.
The obligation to take out vehicle insurance does not apply to:
- vehicles formally withdrawn from circulation (eg those removed for demolition or export abroad); same as you the use of which is prohibited temporarily or permanently based on measures taken by the competent authority by applicable legislation (e.g. those who have been detained or subjected to administrative detention);
- vehicles unsuitable for use as a means of transport (for example, because they are missing an essential part such as an engine);
- vehicles whose use was voluntarily suspended at the request of the insured as a result of a formal notification to the insurance company. The suspension period can be extended several times always subject to formal communication to be made within 10 days before the current suspension period expires and cannot last longer than 10 months compared to the season. Also for vintage and vintage vehicles entered in the relevant registers, the period of suspension may be extended several times upon notification Within 5 days before the current suspension period expires and cannot last longer than 11 months compared to the season. The suspension of both normal and vintage vehicles is considered to be activated from the moment this occurs registered in the relevant Mimit database, after which the company immediately informs the insured.
CAR TPL: OBLIGATION EVEN FOR VEHICLES PARKED IN A PRIVATE AREA, NEW SANCTIONS
Finally, when it comes to sanctions they remain for passengers according to Article 193 of the Road Traffic Act without liability insurance (fine from 866 to 3,464 euros + loss of 5 points on the driver’s license, confiscation of the vehicle, and withdrawal of the technical license. However, if the fine is paid within five days, it drops to 606.20 euros). The same penalty if the vehicle is used “exclusively in areas where access is subject to restrictions”, while in the case of driving with a vehicle unfit for use as a means of transport or insurance suspended the penalty now increases by 50% and therefore increases to 1,299 euros (909.30 euros if paid within 5 days).
However, the methods are still unclear at this time checking authorities and applying any sanctions. To find an uninsured vehicle parked in a private area, you will need to use one cross-checking of PRA and ANIA data. Or will action be taken only after notification? And how will the fines be awarded? These are doubts, not insignificant ones, which we expect to be resolved by the issue of a particular circular.
