For the moment, the rule is contained in the basic text on which the Ministry of Infrastructure and Transport has launched a public consultation. By 13 September, sector associations will be able to express an opinion or make proposals for amendments in view of its official entry into force.
With the introduction of the obligation, each owner will be associated with a certified email address registered with the National Index of Digital Domiciles (Inad). The measure goes beyond the option previously envisaged by the Digital Administration Code (CAD) which required electronic domicile only for professionals registered in registers or for companies required to register in the business register. For natural persons, the possibility remained of receiving communications from the public administration via paper means, such as registered mail.
Owners intending to purchase a new vehicle must immediately equip themselves with a certified email address. In the absence of the certified e-mail, the dealers or practical agencies would not be able to complete the registration procedure which involves the issuing of a registration certificate and license plate.
For those who already own a vehicle in circulation, the obligation arises during certain procedures, from periodic inspection to updating the registration document and up to the possible nationalization of a vehicle purchased abroad. In essence, the new Highway Code sets longer times but in any case the certified e-mail will be requested at the time of the inspection, which is mandatory by law four years after registration and every two years thereafter.
The rule also extends to specific situations such as license plate theft. With the new rules, re-registration would only be authorized in the presence of an active PEC, even if the event occurred beyond the owner's will. A similar argument must be made for property transfers: if the rule were confirmed, the transition could be considered completed only if the agency responsible for the practice ascertained the digital domiciles of both the seller and the buyer, under penalty of blocking the transfer.
The amendment to the Highway Code also includes cars registered abroad but owned by people resident in Italy, including foreign citizens and cross-border workers. In this case, the certified e-mail will become a necessary condition for registration in the Register of Foreign Vehicles (Reve).
However, a series of open issues remain regarding the amendment, starting from the duration of the digital domicile obligation which according to the basic text should apply as long as one owns the vehicle. The PEC boxes instead observe an annual time horizon, to be renewed with costs between 5 and 15 euros depending on the service providers, under penalty of suspension.
A second aspect concerns the freedom of maneuver of the intermediaries who manage the practices on behalf of the customers. From agencies to dealers to Automobile Clubs: it remains to be seen whether these entities will be authorized to use their own service certified e-mail or will have to guide each customer in activating a personal address before completing the procedure.
The announced step forward in the digitalisation path in the PA is also accompanied in this case by a series of logistical unknowns. Owners of advanced age, residents in areas with limited internet connection or individuals with little familiarity with the use of certified email risk encountering serious obstacles in carrying out ordinary procedures, such as renewing the vehicle registration document or purchasing a car. At the moment the basic text does not provide exemptions or instructions for operators who interact with the customer. A further aspect concerns cars given as an inheritance with doubts about the time allowed for activating the certified e-mail before completing the transfer of the vehicle, issues that will have to be addressed during the public consultation.
