Judgment No. 14072 of 2024: The Obligation of Insurance for Motor Vehicles in Closed Environments

The judgment No. 14072 dated February 15, 2024, of the Court of Cassation, presided over by F. M. CiamPi and with rapporteur A. L. A. Ricci, provides an important interpretation regarding the obligation of insurance for motor vehicles used in closed environments, such as construction sites or warehouses. This ruling clarifies that, even in the absence of circulation on public roads, there is an obligation for insurance coverage for civil liability towards third parties.

The Content of the Ruling

The Court stated that a motor vehicle used in accordance with its usual function is subject to the obligation of insurance for civil liability towards third parties, even when operating in a closed environment. This principle was applied in the case of a wheeled backhoe loader, equipped with a license plate and authorized for circulation, which caused an injury to a worker inside a company construction site.

Road circulation - Motor vehicle used in accordance with its usual function - Obligation of civil liability insurance - Existence - Place of circulation - Irrelevance - Case. A motor vehicle, used in accordance with its usual function, that operates in a closed environment, such as a construction site or a warehouse, is subject to the obligation of civil liability insurance resulting from road circulation, circulating there, transporting people or goods, moving or stopping. (Case in which the Court affirmed the existence of the insurance obligation regarding a wheeled backhoe loader, equipped with a license plate and authorized for circulation that, operating within a company construction site, had struck a worker).

Legal and Jurisprudential References

The decision is based on various legal references, including Legislative Decree No. 209 of September 7, 2005, which establishes the obligation of insurance for motor vehicles, and the Civil Code, Article 2054, which deals with civil liability in the case of road accidents. Additionally, there are references to European regulations, such as the CEE Council Directives, which have contributed to defining the regulatory framework concerning civil liability and insurance.

  • Legislative Decree 07/09/2005 No. 209 Art. 122
  • Legislative Decree 07/09/2005 No. 209 Art. 144
  • Civil Code Art. 2054
  • CEE Council Directives 16/09/2009 No. 103 Art. 3
  • CEE Council Directives 24/11/2021 No. 2118 Art. 1

Conclusions

This judgment represents a crucial step in the protection of workers and individuals operating in closed contexts. The obligation of insurance, even in the absence of circulation on public roads, ensures the necessary protection to compensate for any damages caused by motor vehicles. It is essential that employers are aware of such obligations to avoid penalties and, above all, to ensure the safety of their employees.

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