The current situation
As already analyzed in the article on Transnational Posting , on February 2, the new rules introduced by the EU Directive 2020/1057. Directives need to be adopted in Italy to be effective, but this has not yet been done. In the meantime, the Ministry of the Interior has deemed it appropriate to clarify how agents should behave during roadside checks.
The Ministry's Note on transnational posting
The Circular No. 3834 of February 4, 2022, after briefly examining the Directive, its content, and reiterating that Italy has not yet adopted it, confirms that the legislation currently in force in our country remains that contained in Legislative Decree 136 of 2016. The problem arises for those companies that have made the posting declaration in the new forms. How should agents behave towards drivers who are stopped and present the new declaration, will they be sanctioned?
The Ministry adopts a compromise solution and specifies that, during inspections and until the new regulations are formally adopted, the following will be considered fully effective:
- the communications made ex art.10 Legislative Decree 136/2016, those based on the regulations prior to the entry into force of Directive 2020/1057;
- the communications made pursuant to Article 1 paragraph 11 of Directive 2020/1057 or through the connected public interface IMI.
The consequence is that the driver who, during a roadside check, presents a communication made through the IMI interface will be considered compliant and will not be penalized.
The penalty provided ex Article 12, paragraph 1-bis, of Legislative Decree no. 136/2016 will only apply in the case where the driver does not present ANY document that certifies the communication of the transnational posting.