Order No. 20129 of 2024: Driver's Declaration Obligation under 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 declaration obligations of vehicle lessees and sub-lessors. This ruling by the Court of Siena addresses a crucial issue for road safety and legal liability, clarifying that the declaration obligation provided for by art. 94, paragraph 4-bis, of the Highway Code also applies to individuals who have leased a vehicle and then sub-lease it to third parties.

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 persons using the vehicle. This rule is fundamental to ensuring that violations of the highway code are correctly attributed to the responsible parties. The order in question reiterates that this obligation also exists when the lessee has sub-leased the vehicle, as this action implies effective possession and control of the vehicle.

Implications of the Ruling

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

SOLIDARITY In general. In the context of road traffic, the declaration obligation provided for by art. 94, paragraph 4-bis, of the Highway Code, incumbent on the acquirer, also exists when such acquirer, having leased the vehicle for more than thirty days, proceeds to sub-lease it to third parties from the outset, as such activity is an expression of the acquired possession and control of the vehicle in place of the holder of the circulation permit, with the consequent need to update the national vehicle registry, to allow for the easy identification of those responsible for infractions and the imposition of the relevant penalties, especially for the purpose of deducting points from the driving license pursuant to art. 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 underscores the importance of proper management of information regarding circulating vehicles and the individuals authorized to use them. The implications of this ruling go beyond mere sanctions, extending to the promotion of greater safety on the roads. It is essential that all road users are aware of these obligations to contribute to a safer driving environment.