Judgment No. 14072 of 2024: The Compulsory Insurance Obligation for Motor Vehicles in Enclosed Areas

Judgment No. 14072 of February 15, 2024, by the Court of Cassation, presided over by F. M. CiamPi and with rapporteur A. L. A. Ricci, offers an important interpretation regarding the compulsory insurance obligation for motor vehicles used in enclosed areas, such as construction sites or warehouses. This ruling clarifies how, even in the absence of circulation on public roads, there is a compulsory insurance coverage for third-party liability.

Content of the Judgment

The Court affirmed that a motor vehicle used in accordance with its usual function is subject to the compulsory insurance obligation for third-party liability, even when operating in an enclosed environment. This principle was applied in the case of a wheeled loader, equipped with a license plate and authorized for circulation, which caused an injury to a worker within a company construction site.

Road traffic - Motor vehicle used in accordance with its usual function - Compulsory third-party liability insurance - Existence - Place of circulation - Irrelevance - Case facts. A motor vehicle, used in accordance with its usual function, which operates in an enclosed area, such as a construction site or warehouse, circulating therein, transporting persons or things, moving or stopping, is subject to the compulsory insurance obligation for third-party liability arising from road traffic. (Case facts in which the Court affirmed the existence of the insurance obligation with regard to a wheeled loader, equipped with a license plate and authorized for circulation, which, operating within a company construction site, had run over a worker).

Legal and Jurisprudential References

The decision is based on several legal references, including Legislative Decree of September 7, 2005, No. 209, which establishes the compulsory insurance obligation for motor vehicles, and the Civil Code, Article 2054, which deals with civil liability in the event of road accidents. Furthermore, reference is made to European regulations, such as the Council Directives of the EEC, which have contributed to defining the regulatory framework for 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
• Council Directives of the EEC 16/09/2009 No. 103 art. 3
• Council Directives of the EEC 24/11/2021 No. 2118 art. 1

Conclusions

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