Highway Code reform, ANIASA's doubts about sanctions

The discussion around the reform of the Highway Code comes to life. The process culminated in the consultation initiated by the MIT with operators and sector associations. Under the magnifying glass of the review there are various topics, from driving while intoxicated or under the influence of drugs, to the B driving license for 17 years, up to new rules for the circulation of motorcycles. Among the subjects involved in the consultation there is also ANIASA, the Association that represents mobility services in Confindustria which has raised some doubts.

ANIASA's doubts

In particular, the association speaks of greater "risks for road safety and new bureaucracy for rental companies". On this last point, for example, the crux is the responsibilities for the payment of fines, in particular when committed by a lessee residing abroad. The new provisions would in fact provide that, in the event of non-payment of sanctions, the Administrations can take action against the rental companies. According to ANIASA, however, "the principle that establishes the responsibility of those who drive the car must apply regardless of the driver's country of residence, in full compliance with the constitutional principle according to which "the law is the same for everyone".

Fines for renters

The sector association also puts the numbers relating to this topic under the spotlight. In fact, every year there are around 3.5 million fines for rented vehicles, 43% of which are driven by citizens not resident in Italy. From accessing restricted traffic zones to exceeding speed limits to driving in lanes reserved for public transport, these are the main infringements.

The vision of ANIASA

“An administrative difficulty of the State cannot be transformed into a liability for the rental company – underlines the president of ANIASA Italo Folonari –. If a motorist resident abroad commits an infringement in Italy, he must be able to pay the fine and must know that that infringement will have effective consequences. Shifting the burden of non-payment onto the owner of the vehicle risks instead producing the opposite effect: removing responsibility from the offender and weakening the deterrent function of sanctions. We would end up creating a sort of 'free zone' for those who commit infringements and do not pay, while rental companies would become the entities called upon to take responsibility for the inefficiencies of the system."

Requests to the Government

ANIASA has therefore put forward some proposals to try to eliminate this new rule, ensuring that our country adapts to EU Directive 2024/3237 on the cross-border exchange of information on safety infringements. In this way it would be possible to create "a centralized ministerial system for the management and collection of sanctions, thus avoiding once again dumping administrative inefficiencies on companies".

How to change the Highway Code

However, ANIASA's proposals do not end here. The sector association also asks for greater clarity on the failure to pay motorway tolls, placing the responsibility on those who actually have the vehicle available at that moment but also for more streamlined fleet management with more effective communication of vehicle availability and more precise rules for the sub-leasing of vehicles between professional operators.