RCA compulsory also for stationary vehicles and in private areas. It is the result of legislative decree n. 184 of 22 November 2023, which came into force on 28 December, which concerns compulsory motor vehicle civil liability insurance. The decree has the task of adapting national legislation to the European Directive 2021/2118.
The most important innovation of the new decree concerns the introduction of the insurance obligation no longer linked only to the “circulation” of the vehicle, but to its “function”, thus eliminating the distinction between public and private areas. Under the old legislation, only vehicles circulating on public roads or in areas equivalent to them had to have a RCA.
The new obligation also ignores the characteristics of the vehicle, the terrain on which it is used and whether it is stationary or moving. In essence, all vehicles used in accordance with the function of means of transport, which are also found in areas other than public roads must have RCA insurance, because they are considered capable of causing damage to third parties, regardless of whether they are stationary or in motion. movement.
Article 2 of the decree modified article 1, paragraph 1, letter rrr) of the Private Insurance Code, giving rise to a new definition of the term “vehicle”.
Specifically, for insurance purposes, the RCA obligation concerns: any motor vehicle powered exclusively by mechanical force that circulates on the earth’s surface, but not on rails, with a maximum design speed exceeding 25 km/h, or with a net weight maximum exceeding 25 kg and a maximum design speed exceeding 14 km/h; any trailer intended for use with a vehicle referred to above, whether or not it is coupled; light electric vehicles (such as scooters, Segways, etc…) which will be identified later by a specific decree of the Minister of Business and Made in Italy and the Minister of Infrastructure and Transport, in collaboration with the Minister of the Interior , to be adopted within 90 days from the date of entry into force of Legislative Decree no. 184.
A further clarification concerns the scope of the insurance obligation: the new paragraph 1 ter of the art. 122 of the CAP has clarified that the insurance obligation also concerns vehicles used exclusively in areas whose access is subject to restrictions, remaining valid, in this regard, the stipulation, by public or private entities, of policies that cover the risk of a plurality of vehicles, according to the contractual practice in use, when used for the activities of such subjects, provided that the vehicles are analytically identified in the policies.
There are some vehicles that are currently excluded from compulsory insurance. Specifically, vehicles that are: formally withdrawn from circulation must not have a civil liability policy; wheelchairs intended exclusively for use by persons with physical disabilities; pedal-assisted bicycles (since they are not powered exclusively by mechanical force); for which use is temporarily or permanently prohibited following a provision adopted by the competent authority; not suitable for use as a means of transport, even potentially; the use of which was voluntarily interrupted following a communication sent to the insurance company pursuant to Presidential Decree 445/2000.
There remains the possibility of voluntarily suspending the insurance policy for non-use even through multiple consecutive extensions to be communicated to the insurance company within 10 days before the suspension expires, with a maximum duration of up to 10 months.
However, for vintage motorcycles, mopeds, cars and agricultural machinery of historical and collectible interest registered in the appropriate registers, the communication deadline is reduced to 5 days and cannot last longer than 11 months.
An option provided by law for the policyholder is the temporary suspension of coverage in some situations, to be communicated in advance to the insurer, which can be extended several times by sending a new communication ten days before the previous expiration. It has a maximum duration of ten months (11 for historic vehicles) in the year of validity of the policy.
As far as sanctions are concerned, the fine provided for by article 193 of the Highway Code for those who drive without insurance remains in force and therefore a fine of 866 euros, which can drop to 606.20 for those who pay within five days, plus the deduction of five points from the driving license, seizure of the vehicle and withdrawal of the registration certificate.
The fine will also apply to vehicles used in areas subject to access limitations, while for those driving vehicles unsuitable for use as means of transport or with suspended insurance the fine will be increased by 50% and will be equal to 1,299 euros ( 909.30 euros with discount).