Are Car-Mounted Bike Racks Illegal? The Directives

THE Car-mounted bike racks could be illegal. Here’s what happened recently, and the MIT regulations that could ban cyclists on vacation from bringing their bikes.

Bike rack regulations

There decisionwhich provides for the ban on some car bike racksarrived right at the end of this August. This is certainly a problem that involves those who have invested considerable sums in order to transport their bike in maximum safety.

A few days ago, an appeal was presented by nine companies that produce, sell and install vehicle accessories against the circular number 0025981 of the Ministry of Transportand which the TAR of Lazio rejected. From this circular, the following emerges:

“… It is appropriate to review the provisions already issued with circulars no. B103 of 27.11.1998 and B041
of 6.05.1999, also for category M1 vehicles with regard to ski racks and bicycle racks. The above-mentioned circulars refer to Directive no. 79/488/EEC, now replaced by the UNECE regulation – i.e. the “uniform provisions concerning the approval of vehicles with regard to their external projections” – a regulation according to which ski racks can be approved as technical units
independent, intended for vehicles of category M1. The bike rack structures, although not homologable because they are not included in the aforementioned UNECE regulation 26, are light and removable accessories, which do not significantly modify the unladen mass of the vehicle and can be applied to it, like ski racks which, however, are homologated as technical units“.

The circular continues, specifying what theCorrect installation of bike racks and ski racks:

“Given the above, it is appropriate to specify the installation methods of the structures
removable ski racks and bicycle racks applied as a cantilever at the rear on specific attachment points provided by the vehicle manufacturer or on the vehicle’s towing ball hook“.

So, “the installation of the removable structures in question is permitted under the following conditions:

• Length not exceeding 1.20 mincluding the items transported (bicycles and skis placed perpendicular to the median axis of the vehicle), in compliance with the maximum size limits indicated in article 61 of the Highway Code (hereinafter CdS) and by European legislation relating to masses and dimensions;
• Width not exceeding, including the transported goods, that of the motor vehicle with a maximum limit of 2.35 m;
• Height, including transported items, not exceeding 2.50 m. Please note that removable ski and bike rack structures can be installed on category M1 vehicles without the need for annotation on the vehicle’s single circulation and ownership document, unless the lighting and visual signalling devices and the license plate are obstructed, even partially.“.

Bike racks, additional measures

But it doesn’t end here, because the Ministry has introduced another measure, which provides for a visit and a test at the Civil Motorization Office (with an update of the vehicle registration document) in the event that the gathering causes a partial obstruction of the license plate or headlights.

The specialized companies then turned to the administrative judge, asking to annul the documents signed by the general director of the Department of Sustainable Mobility – according to them the latter would not have the power – and adding that the new rules will be discriminatory against Italian citizens, since other European citizens would be practically “excluded” from such regulations.

The request rejected by the TAR and the subsequent reversal of things

There request of precautionary suspension was rejected by the TAR in November 2023, but subsequently (two months later to be precise), the Council of State has turned things upside downpending the judgment on the merits.

This judgment on the merits has been issued, and it is therefore clear that the appeal and the current rules have been stopped, except in the case in which the dispute is brought to the second degree. The commission chaired by Giuseppe Sapone has declared inadmissible The complaint due to lack of active legitimacy on the part of companies in the sector.

In summary, the judges are of the opinion that:

“The administrative obligations provided for by the Highway Code and contemplated by the contested circulars do not appear to be disproportionate, as they are functional to safeguarding the safety of vehicular traffic. The possible lack of possibility of installing ski racks and bicycle racks on a motor vehicle for technical reasons related to traffic safety does not appear to limit the freedom of movement of natural persons in the Italian territory.“.

Controversies and polemics

Despite good intentions, these new rules have met with mixed reviewsespecially from cycle tourists and bike rack manufacturers. reasons The main ones are the following:

• Too rigid a measure: Many bike racks on the market no longer meet the latest regulations, forcing owners to replace them.
• Impact on cycle tourism: Restrictions may limit the ability to carry more than one bicycle per vehicle, making group travel more difficult.
• Additional costs: the obligation to install repeater devices and additional license plates may lead to higher costs for users.