The Ministry of the Interior he communicated new provisions concerning themandatory insurance for all motor vehicles, regardless of their use, location or transit terrain. The news on compulsory vehicle insurance includes a new definition of vehicle requiring mechanical force exclusive for its operation. Vehicles requiring the combined use of muscle and motor strength, such as pedal-assisted bicycles (e-bikes), and those in which the engine does not provide the main propulsion, such as electric scooters (electric motor plus push with the foot).
Exemption for electric bicycles and scooters
As specified at the beginning, the Ministry's circular clarifies that only vehicles that require insurance are required to have insurance mechanical force exclusive for their operation, but not on rail.
Therefore, the exemption also applies to bicycles and ai electric scootersgiven that electric motor propulsion is prevalent but non-exclusive, since they can also be operated from muscle strength.
It `s important to note that the law provides that in the future light electric vehicles will also be included in the obligation, with a specific decree from the Ministry of Transport. Furthermore, they are also explicitly excluded from the rule “cars for use by children” and the wheelchairsintended exclusively for people with disabilitysince they are not considered vehicles by the Highway Code.
Insurance when it is not mandatory
The rule specifies that i vehicles subject to compulsory insurance must meet certain technical characteristics, including one design speed greater than 25 km/h or a maximum net weight exceeding 25 kg with a design speed greater than 14 km/h.
These conditions are alternatives, so just that one of the two is present for the obligation of insurance coverage.
Insurance obligation exemptions
The legislation provides some exceptions to the obligation of vehicle insurance formally withdrawn from circulation. These exemptions include vehicles for which the owner has requested the cancellation from the Public Automotive Register (PRA) for demolition, vehicles canceled by the PRA due to revocation or cancellation of the registration certificate, and vehicles canceled by the PRA for export but still in use until the expiry of the road permit for border transit.
Furthermore, the standard includes i trailerswhich must be insured even when they are not attached to a towing vehicle (static risk).
In our opinion, there is always a need to clearly communicate that there is no obligation for vehicles stopped and parked in private areas NOT ACCESSIBLE TO THIRD PARTIES (and which do not circulate) as fully explained in the dedicated (updated) article.
In these situations, if the vehicle circulates on the road without insurance, it will not be subject to specific sanctions of the Highway Code, but to rules related to the reason for withdrawal from circulation. For example, if you are stopped driving an uninsured vehicle due to an administrative stop, you are sanctioned with a fine of 1,984 euros and confiscation of the vehicle.
The circular lists some situations as examples:
- confiscation;
- administrative detention;
- tax hold;
- criminal seizure;
- suspension from circulation due to failure to inspect;
- collection of the registration certificate;
- suspension of the registration certificate;
- collection of license plates.
Waiver of broken vehicle insurance obligation
Another exemption applies to vehicles that are no longer suitable for use as means of transport, for example those without engine, wheels or parts that do not allow the car to “circulate”. Finally, the insurance requirement may be suspended if the interested party communicates the suspension of use of the vehicle.
Derogation with suspended insurance
The rule states that the owner can suspend the use of the insured vehicle and therefore the coverage of the policy. The suspension period initially communicated may be extended several timesbut cannot exceed ten months (eleven for historic vehicles) in the policy year, with prior communication to the insurance company within ten days before the suspension period expires. There false statement suspension of the use of the vehicle, which leads to the suspension of the insurance, is considered a crime.
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