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DRIVING

EXPLAINED: How can you lose your driving licence in Italy?

The 'patente di guida' is a key document for anyone who wants the right to drive long-term in Italy. But what are the circumstances under which your Italian driver's licence could be taken away?

Published: 29 April 2024 13:29 CEST
EXPLAINED: How can you lose your driving licence in Italy?
Under what circumstances could you risk losing your Italian driving licence? Photo by Gabriella Clare Marino on Unsplash

If you’ve overcome the hurdles involved in obtaining an Italian driver’s licence or patente di guida, either by passing an Italian driving test or converting your foreign licence, you’ll want to do everything in your power to keep ahold of it.

To make sure of this, it’s important to know which infractions could led to the loss of your licence; but first, we need to differentiate between the different types of sanctions that can be applied under Italian law.

READ ALSO: Step by step: How to swap your UK driving licence for an Italian one

In Italy, you could have your driver’s licence ritirata (confiscated), sospesa (suspended), or revocata (revoked), each of which is applied in different circumstances and triggers different penalties.

A ritiro della patente (immediate licence confiscation) occurs when you’re stopped by a traffic officer who finds some irregularity with your documents or has caught you violating road laws.

If you’re guilty of a fairly minor infraction, such as driving with an expired licence, your licence will be held by the authorities until you renew it.

If, by contrast, you’re found to have violated the Highway Code in some significant way (such as driving while intoxicated or going more than 40km over the maximum speed limit), the ritiro will lead to a temporary suspension.

READ ALSO: The key vocabulary you’ll need for taking your driving test in Italy

A sospensione could last anywhere from 15 days to five years, depending on the severity of the offence – though month-long suspensions are the most common.

The revoca della patente is far more serious than either the ritiro or sospensione, as it typically means you’ve been permanently stripped of your licence.

In most cases, you’ll have to retake the test from scratch, no sooner than two years after losing your licence. You’ll be considered a new driver under the law, subject to heavier restrictions on speed limits and the types of vehicle you can drive.

Here are the circumstances in which your licence could be ritirata, sospesa or revocata.

Il ritiro della patente can happen when:

– You’re caught driving with an expired licence.
– You’re caught driving under the influence.
– You fail to give priority to other vehicles when required to.
– You’re involved in an accident that resulted in injuries.
– You don’t adequately rearrange a precariously-balanced load after the police have told you to.
– You don’t take a roadworthiness test (which might have been ordered either because you’ve lost all of the points on your licence or because there are doubts over your physical, mental, or technical abilities) within the required timeframe.

READ ALSO: Did you know…? Italy can fine you over €3,300 for speeding

La sospensione della patente can happen when:

– As a new driver, you don’t respect the new driver vehicle and speed limits.
– You exceed the speed limit by more than 40 km/h.
– You drive in the emergency lane in violation of the Highway Code.
– You’re caught driving under the influence or refuse to submit to an alcohol/drug test when stopped.
– You’re involved in a hit-and-run.
– You’re caught driving in a vehicle that’s been impounded.
– You’re driving with falsified or counterfeit insurance documents.
– You’ve temporarily lost certain physical or mental faculties.
– You’re driving a vehicle that requires a different kind of licence to the one in your possession.

La revoca della patente can happen when:

– You drive while your licence is suspended.
– You drive the wrong way on a motorway.
– You permanently lose certain physical or mental capacities.
– You don’t meet certain ‘moral requirements‘ (you’ve been convicted of certain crimes related to drug trafficking or are considered a habitual or career criminal).
– Your licence is replaced by one issued by a foreign state.
– You fail a roadworthiness test. 

See more updates and practical guides in The Local’s Italian driving section.

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DRIVING

EU countries to extend range of offences foreign drivers can be fined for

The EU has agreed to extend the number of driving offences for which motorists from other member states can be fined for and to make it easier for authorities to chase up the fines and make foreign drivers pay.

Published: 13 May 2024 17:28 CEST
EU countries to extend range of offences foreign drivers can be fined for

In the last voting session of this term, in April, the European Parliament passed new rules to ensure drivers who breach local traffic rules in another EU member state are found and fined.

The cross-border enforcement (CBE) directive was first adopted in 2015 after it was found that non-resident drivers were more likely to commit speeding offences. The European Commission estimated that in 2008, foreign drivers accounted for about 5 percent of road traffic in the EU but committed around 15 percent of speeding offences.

The directive partially improved the situation, but according to the Commission 40 percent of traffic violations committed in other EU countries are still unpunished “because the offender is not identified or because the fine is not enforced”.

In March 2023, the Commission therefore proposed updating existing measures.

New rules extend the type of offences that will trigger assistance from another member state and seek to improve collaboration among national authorities to identify and fine offenders.

The European Parliament and Council agreed in March on the final text of the directive, which is now being formally approved by the two institutions.

André Sobczak, Secretary-General at Eurocities, a group representing European cities in Brussels, said: “While the final outcome of the discussions is not ideal, we are pleased that EU policymakers have at least put the issue of the enforcement of local traffic rules on foreign vehicles on the table. As we approach an election year, I believe such a practical example can demonstrate why a European approach is necessary to address local issues.”

Which traffic offences are covered?

The previous directive covered eight driving misconducts that would require member states to cooperate: speeding, not wearing seat belts, failing to stop at a red traffic light, drink-driving, driving under the effect of drugs, not wearing a helmet (motorcycles / scooters), using a forbidden lane and using a mobile phone or other communication devices while driving.

The Commission proposed to add to the list not keeping a safe distance from the vehicle in front, dangerous overtaking, dangerous parking, crossing one or more solid white lines, driving the wrong way down a one way street, not respecting the rules on “emergency corridors” (a clear lane intended for priority vehicles), and using an overloaded vehicle.

The Parliament and Council agreed to these and added more offences: not giving way to emergency service vehicles, not respecting access restrictions or rules at a rail crossings, as well as hit-and-run offences.

Despite calls from European cities, the new directive does not cover offences related to foreign drivers avoiding congestion charges or low emission zones. In such cases, information about vehicle registration can only be shared among countries with bilateral agreements.

Karen Vancluysen, Secretary General at POLIS, a network of cities and regions working on urban transport, called on the next European Commission to take other local traffic offences, such as breaches of low emission zones, “fully at heart”.

Collaboration among national authorities

For the traffic violations covered by the directive, EU countries have to help each other to find the liable driver. The new directive further clarifies how.

Member states will have to use the European vehicle and driving licence information system (Eucaris) to get the data of the offender.

National authorities will have 11 months from the date of the violation to issue the fine to a vehicle from another EU member state. However, they will not have to resort to agencies or private entities to collect the fine. This was requested by the European Parliament to avoid scams or leaks of personal data.

Authorities in the country of the offender will have to reply to requests from another EU member state within two months.

When the amount of the fine is more than €70, and all options to have it paid have been exhausted, the member state where the violation occurred can ask the country of the offender to take over the collection.

The person concerned will be able to request follow-up documents in a different official EU language.

When will the new rules will be enforced?

Now that the EU Parliament has passed the law, the EU Council has to do the same, although there is no date set for when that will happen. Once the directive is adopted, EU countries will have 30 months to prepare for implementation.

Last year the Commission also proposed a new directive on driving licenses, but negotiations on the final text of this file will only take place after the European elections.

This article has been produced in collaboration with Europe Street news.

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