Order No. 20129 of 2024: Declarative Obligation of the Driver in the Highway Code

Recently, order no. 20129 of July 22, 2024, has attracted interest for its implications in the field of road traffic, particularly regarding the declarative obligations of drivers and sublessees of vehicles. This ruling from the Court of Siena addresses a crucial issue for road safety and legal responsibility, clarifying that the declarative obligation provided for in Article 94, paragraph 4-bis, of the Highway Code also applies to those who have leased a vehicle and sublease it to third parties.

The Regulatory Context

The Highway Code, in Article 94, paragraph 4-bis, establishes that the driver of a vehicle is required to communicate the identity of the individuals using that vehicle. This rule is essential to ensure that violations of the highway code are correctly attributed to those responsible. The order in question reiterates that this obligation exists even if the driver has sublet the vehicle, as this action implies an effective availability of the vehicle.

The Implications of the Ruling

The ruling clarifies that, in the event of a violation of the highway code, it is crucial to update the national vehicle registry. This allows for the easy identification of those responsible for infractions, also facilitating the imposition of penalties and the deduction of points from the driver's license, as provided for in Article 126-bis of the Highway Code. This approach aims to ensure greater accountability for those using vehicles, contributing to road safety.

SOLIDARITY In general. In terms of road traffic, the declarative obligation provided for, pursuant to Article 94, paragraph 4-bis, of the Highway Code, applies to the party concerned even when they, having leased the vehicle for more than thirty days, immediately proceed to sublease it to third parties, as this activity is an expression of the acquired availability of the vehicle in place of the registered owner of the registration document, consequently necessitating an update of the national vehicle registry to allow for the easy identification of those responsible for infractions and the imposition of related penalties, especially for the purposes of the deduction of points from the license pursuant to Article 126-bis of the Highway Code.

Conclusions

In conclusion, order no. 20129 of 2024 represents an important step forward in defining the responsibilities of vehicle drivers. It emphasizes the importance of proper management of information regarding circulating vehicles and the individuals authorized to use them. The implications of this ruling extend beyond mere punitive measures, promoting greater safety on the roads. It is essential that all road users are aware of such obligations to contribute to a safer driving environment.

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