On July 13, 2021, the Ministry of the Interior issued an information note regarding the changes made by the Legislative Decree No. 50 of June 10, 2020 regarding own transport. Therefore, it was intended to clarify the exemptions provided in the Legislative Decree 286 of 2005 regarding initial qualification and periodic training of drivers of certain road vehicles used for transport (CQC).
The proposed clarifications concern the case of own transport and the documentation to be presented during roadside checks to demonstrate that driving is not the main activity of the driver.
Let’s look more closely at the technical part of own transport – regulations.
Own transport – regulations
ART.16, PARAGRAPH 1, LETTER G) OF LEGISLATIVE DECREE 286/2005:
It is specified that it is no longer necessary for transport to occur for private purposes, but it is now sufficient that it is carried out for NON-commercial, that is without remuneration. This exemption cannot always be applied to own-account transport as it is still a commercial transport for business purposes. Instead, it falls within the scope of driving vehicles belonging to, or available to, individuals who do not engage in commercial activities and therefore do not foresee direct or indirect remuneration for the transport activity carried out.
ART.16, PARAGRAPH 1, LETTER H) OF DLGS.186/2005
For this second type of exemption, in order to fall within the scope, there must be the simultaneous presence of two specific conditions:
- the driving of the vehicle MUST NOT constitute the main activity of the driver;
- the material must be used by the driver in the exercise of their OWN activity;
ART.16, PARAGRAPH 2, LETTER C) OF DLGS.286/2005:
This exemption applies to own-account transport only with the simultaneous presence of three specific conditions:
- the driver MUST NOT have the qualification of professional driver;
- the transport MUST NOT constitute the main source of income of the driver;
- the transport MUST NOT affect road safety.
Own-account transport – penalties and documentation
Finally, regarding the proof that driving does not constitute the main activity of the driver, it is stated very clearly that there is no specific documentation to be presented to the road police authorities and therefore any document can be considered valid.
The agents, during the check, can however go to analyze the data contained in the tachograph memory. If the driving activity performed by the driver during a working month exceeds 30% of the total working hours, this activity will be considered as primary with all the relevant consequences, potentially falling into a case of own account transport – penalties.