The true story of the 705 euro fine for driving someone else's car

Fedaisf editorial staff

October 26, 2014

The name of the person using the company car has been registered, but no new documents on board. Here's what you need to know about the rule in force since November 3.

24/10/2014 – di Redazione – Giornalettismo

There news fines of 705 euros for those who drive a car belonging to a different owner are currently making the rounds on the net, generating excessive and unnecessary alarmism. The field of application of the law (which will come into force on 3 November) is in fact narrower than a superficial reading might lead one to imagine. There Circular of the Ministry of Infrastructure and Transport n. 15513 sent last July 10th a Regioni e Province Autonome, ministero dell’Interno, Aci e altri enti chiarisce sull’obbligo di annotare sulle carte di circolazione dei veicoli utilizzate da soggetti diversi dall’intestatario per periodi di 30 giorni. Ma va precisato che la norma non è retroattiva e che non si corre il rischio di sanzione nel caso di comodato familiare, quando cioè si utilizza la vettura di un genitore o di un fratello, purché si tratti di persone conviventi. Ma procediamo con ordine.

CHANGE OF GENERAL INFORMATION ON THE REGISTRATION CARD – The ministry's circular of 10 July concerns article 94, paragraph 4-bis, of the highway code, introduced in 2010 by law 120 (article 12, paragraph 1, letter a). Basically we are dealing with a rule introduced four years ago and which needed a long phase before seeing its application. In detail, the law establishes that the deeds "from which derives a change in the holder of the registration certificate or which involve the availability of the vehicle, for a period exceeding thirty days, in favor of a person other than the holder himself, in the cases envisaged by the regulation are declared by the assignee, within thirty days, to the Department for transport, navigation and information and statistical systems for the purpose of noting them on the registration certificate". Therefore, if a third-party car is used for a period of 30 days, the personal details of the motorist, obviously also indicated on the licence, must also appear on the registration certificate. Unless you want to risk a very high fine, from 705 to 3,526 euros.

NO RETROACTIVITY – In order to comply, therefore, as the ministry circular explains, «note on the vehicle registration document and in the National Vehicle Archive (at the Motor Vehicles Office, ed.) the data relating to the deeds put in place as from 3 November 2014". In case of omissions, the sanction will apply. But the rule is not retroactive. The ministry's circular states that failure to "update the papers and the National Vehicle Archive with reference to the deeds arising before 3 November 2014" does not give rise to the application of the fine.

COMPANY CARS INVOLVED Furthermore, the rule of the Highway Code does not apply in all cases of transfer of availability. Persons carrying out road haulage activities are exempt. Cases of use by a family member are also excluded. Instead, all professionals who use company cars are involved. In particular, the circular reads, "in the event that the holder of the vehicle registration certificate grants the use of his vehicle to a third party on loan for use, for a period exceeding 30 days, the borrower has the obligation to communicate it to the UMC (office of the Civil Motorization, ed) requesting the updating of the vehicle registration document».

FAMILIES EXEMPT – Instead «the members of the family nucleus are exempt from this obligation, provided they cohabit. Nothing prevents, however, that also in this case the updating of the registration certificate may be requested; in the absence of a specific prohibition, in fact, it is to be considered that the borrower has the right to do so, without prejudice, otherwise, to the inapplicability of the foreseen sanctions». General information means name, surname, date and place of birth and place of residence.