Suspension of Driving License: Analysis of Ordinance No. 19376 of 2024

The topic of driving license suspension, especially in relation to current regulations, is always highly relevant. The recent Ordinance No. 19376 of July 15, 2024, issued by the Court of Cassation, provides important clarifications on how the period of provisional suspension should be considered in the calculation of the three-year period established by Article 219, paragraph 3-ter, of the Highway Code (c.d.s.).

Content of the Ordinance

In the specific case addressed by the Ordinance, the judge determined that the period of provisional suspension of the driving license, which precedes the definitive revocation decision, must be excluded from the three-year period established for obtaining a new license. This means that, in the case of a provisional suspension followed by revocation, the time spent in suspension should not be counted in the calculation of the three years required to regain the license.

Provisional suspension of the driving license - Calculation of the suspension period within the three-year period referred to in Article 219, paragraph 3-ter, c.d.s. for the purpose of obtaining a new license - Existence. The period of provisional suspension of the driving license, which preceded the definitive revocation of the driving title, must be excluded from the three-year period established by Article 219, paragraph 3-ter, c.d.s. for the purpose of obtaining a new license.

Significance of the Ruling

The Court's decision represents an important legal precedent. It clarifies the position of the Italian legislator regarding the management of suspensions and revocations of driving licenses. Here are some key points to consider:

  • Recognition of the importance of provisional suspension: it should not further penalize the driver, especially if the revocation occurs subsequently.
  • Favorable interpretation for drivers: including the suspension period in the three-year count is fairer and allows for a quicker rehabilitation.
  • Reference to European norms: the ruling fits into a broader context of protecting citizens' rights and harmonizing regulations within the European Union.

Conclusion

In summary, Ordinance No. 19376 of 2024 offers an important opportunity for reflection for all those facing issues related to the suspension and revocation of driving licenses. The ruling not only clarifies regulatory aspects but also proposes a fairer and more favorable vision for drivers. It is essential for legal professionals and citizens to stay informed about these legal developments, which can have a significant impact on their daily lives.

Bianucci Law Firm