Order No. 17668 of 2024: Classification of Roads and Municipal Responsibilities

The issue of classifying urban roads within built-up areas is of fundamental importance for understanding the responsibilities of municipal administrations. Order No. 17668, issued by the Court of Cassation on June 26, 2024, provides a significant interpretation of the relevant regulations, clarifying the necessary conditions for a road to be considered municipal.

Conditions for the Classification of Urban Roads

According to Article 2, paragraph 7, of Legislative Decree No. 285 of 1992, urban roads included in built-up areas are always municipal, unless they involve sections of state, regional, or provincial roads in areas with a population of less than ten thousand inhabitants. This implies that for municipalities with a population exceeding this threshold, the responsibility for the management and maintenance of the roads falls to the local authority.

  • Urban roads: always municipal in built-up areas with a population > 10,000
  • State, regional, or provincial roads: exclusion only for areas < 10,000
  • Need to ascertain the population to determine the owning authority

Implications of the Ruling

Classification of roads - Urban roads included in built-up areas - Nature of municipal road - Configurability - Conditions - Population exceeding ten thousand inhabitants - Necessity - Consequences - Identification - Criteria. According to Article 2, paragraph 7, of Legislative Decree No. 285 of 1992, urban roads referred to in paragraph 2, letters D), E), and F) of the same article, are always municipal when located within built-up areas, except for internal sections of state, regional, or provincial roads that cross built-up areas with a population not exceeding ten thousand inhabitants; it follows that, for the purpose of identifying the owning authority of the road included in the built-up area of a municipality, the mere topographical data is not sufficient, but it is necessary to ascertain whether the municipality has a population greater or less than ten thousand.

This ruling not only clarifies the issue of road classification but also establishes an important legal precedent. It emphasizes that, to determine the ownership of a road, it is not sufficient to consider the simple topographical aspect, but it is essential to evaluate the number of inhabitants in the municipality. In this way, the Court ensures that responsibilities are clearly assigned, avoiding ambiguities that could lead to legal disputes.

Conclusions

In conclusion, Order No. 17668 of 2024 represents a step forward in defining municipal responsibilities regarding the management of urban roads. It provides clear guidelines for local authorities and establishes precise criteria to follow, thus contributing to greater clarity in road traffic law. It is essential that municipalities take these indications into account to ensure proper administration of their roads and services to citizens.

Bianucci Law Firm