Foreign vehicles in Italy pursuant to the security decree n.113/2018


Foreign vehicles in Italy pursuant to the security decree n.113/2018

The security decree n.  113/2018, converted into law n.  132/2018 on 1st December 2018, imposed important restrictions on the circulation of foreign vehicles in Italy.
Article.  29-bis of the decree-law, specifically, amended the articles  93, 132 and 196 C.d.S., introducing restrictions for the circulation of vehicles registered abroad.

Prohibition of circulation with vehicles with foreign license plates
The decree introduced, modifying the art.  93 C.d.S., the ban on driving with vehicles with foreign plates to all those who have been resident in Italy for more than 60 days, subject to documented and limited exceptions.
The D.L.  has also amended the art.  132 C.d.S.  introducing the prohibition of circulation beyond one year of actual stay of the vehicle in Italy, even if guided by a non-resident person: briefly, the vehicle registered abroad and conducted in Italy by a non-resident person (or who has been resident for less than 60 days)  ) may in any case circulate in Italy for a maximum of one year but beyond this term its circulation will be prohibited.
The Ministry of the Interior, with a special circular, provided important clarifications on the correct application of the new regulations, specifying that: there is no difference whether the vehicle registration number is from an EU or non-EU country and that the provisions apply to anyone driving the vehicle (also in case of stop or stop with the driver on board).

This legislation allows exceptions only in the following cases:
– if the vehicle is leased or rented without a driver by a foreign company (EU or EEA) that is not based in Italy;
– the vehicle was loaned to a worker or collaborator by a foreign company (EU or EEA) who is not based in Italy;
– if the vehicle is driven by an Italian citizen registered with AIRE;
– in the case of vehicles belonging to foreign persons, organizations or bodies bearing the CD, CC, EE and AFI license plates, as they are assimilated to all effects to Italian vehicles.

If the provisions introduced are not complied with, a fine of between 712 and 2848 euros will be applied.  The driver of the vehicle, in the drafting of the report, will be indicated as a violator and jointly and severally liable (unless he proves that the vehicle is available to another person).
The body that carries out the assessment, in addition to the fine, will immediately collect the registration document, sending it to the civilian motorization competent for the territory.  The vehicle will be subjected to administrative seizure for a maximum duration of 180 days from the date of the violation: if, within this period, the vehicle is not re-registered or exported, the seized vehicle is subjected to administrative confiscation.
For vehicles registered in an EU country, there are no customs restrictions.  Therefore, only the sanction provided for by this rule is applied.  On the other hand, for vehicles registered in non-EU countries, the customs regulations also apply, which allow driving by a person resident in Italy only under certain conditions and for limited periods.  However, there may be competition between the violation of this rule and those of the customs duties.