Stop order of vehicles by the police in Italy

November 29, 2021

Both transport companies and private individuals may have to deal, on the occasion of a control carried out by the Police in Italy, during a complaint of violations provided by the traffic law, with the additional accessory sanction of the administrative stop of the vehicle.

In addition to the pecuniary sanction, to be determined according to the traffic law, the administrative detention order is also added through a separate report.

The pecuniary sanction could be paid with reduction, while the administrative detention, whether it is a truck, with or without a trailer, or a car with a foreign license, in order to contest and possibly free the vehicle before the expiry of the period of the detention, it is necessary to present a specific appeal to the competent Prefect pursuant to art. 203 of Italian traffic law or referring to the competent judicial authority.

The administrative detention in question is governed by art. 214 of the Italian traffic law according to which the owner or the driver or other liable person must stop the circulation and keep the vehicle in a place not subject to public transit.

The registration document is kept by the Police.

It should also be noted that if the person who has taken custody of the vehicle, during the period in which the vehicle is subject to detention, circulates illegally with it or allows others to circulate, is punished with the administrative sanction of from € 1,984 to € 7,937.

The administrative penalties associated is revocation of the driving license and the confiscation of the vehicle are applied.

In this regard, it should be noted that, in some cases, even in the event of inaction, the vehicle could be confiscated.

The arrest of a vehicle, even more if it is a means of transport with which a business activity is carried out, involves serious prejudice and economic losses.

In the absence of a dispute, the vehicle will remain blocked in Italy for the entire period of detention, for example for 3 months, without possibility to using this vehicle for transport, regardless of whether a leasing contract is paid or that a driver remains unemployed. The payment of the sanction does not release the vehicle subjected to the detention.

Must be added also the costs for the parking where the vehicles are usually kept, quantified on a daily basis. This is an additional huge expense, as the custody period often lasts months.

For the reasons described, it is in the interest of the owner / user of the vehicle, even more in the case of a foreign company or foreign owner, to immediately appeal the order and free the vehicle, as it is registered abroad.

Considering the timing for initiating the procedure before competent judicial authority and obtaining the required measure, it is advisable, as regards the administrative detention order, to avoid the judicial procedure and to file a well-founded appeal with the Prefecture.

The appeal to the Prefect allows a quicker response, following a more rapid procedure.