Legislative Decree 184/23 on the implementation of Directive 2021/2118 on the reform of the regulation of liability insurance.

The Legislative Decree published on 23 December 2023 puts into effect a specific European Directive on the basis of which the insurance obligation for certain vehicles is introduced which have not been subject to this obligation.

The most important changes can be summarized as follows:

Definition of the term “vehicle”

  1. Every motor vehicle propelled solely by mechanical power that runs on the ground but not on rails with

    1.1 a construction-related maximum speed of more than 25 km/h (ca. 15 mph) or
    1.2 a maximum tare weight of more than 25 kg (ca. 55 lbs) and a construction-related maximum speed of more than 14 km/h (ca. 8 mph).

  2. Every trailer intended for use with a vehicle referred to in 1) above, whether or not it is coupled to that vehicle.

  3. Electric vehicles [still tbd].

Definition of the term “traffic”
The use of the vehicle needs to be consistent with its function as a means of transportation.

Location of traffic
The insurance obligation also applies if the vehicle is driven in a private or prohibited area.

Scope of the motor liability insurance

The regulation applies regardless of the features of the vehicle, the terrain on which it is used, and whether the vehicle is stationary or in motion. The insurance obligation is also valid for vehicles that are exclusively used in restricted areas.

If the machines and tools of your company have the features mentioned above, it is mandatory to buy motor liability insurance, also for vehicles without a license plate. Even if they are not registered, they can be identified by its chassis. This includes vehicles such as forklift trucks and work vehicles, even if they only operate on construction sites, quarries and the like, with the characteristics speed >25 km/h or weight >25 kg and speed >14 km/h.

The commercial liability insurance (general liability insurance) can by no means cover such kind of risk.