Green light from the Council of State to the opinion requested by the Ministry of Infrastructures on the obligation to have anti-abandonment seats in cars.
Don't store avocado like this: it's dangerousCar seats with anti-abandonment sensors: finally comes the go-ahead from the Council of State to the opinion requested by the Ministry of Infrastructure on the obligation to have i anti-abandonment seats in cars.
The Consultative Section for Regulatory Acts expressed this favorable opinion on the outline of the decree for the definition of the “technical-constructive and functional characteristics of the so-called Anti-abandonment alarm devices” which will allow the entry into force of the obligation itself. But there is no shortage of objections.
The Consultative Section, we read in the opinion, while acknowledging the correctness of the work stating that "the Government has given timely application to the European regulations relating to the notification of technical standards, obtaining the substantial approval of the Commission for the scheme in question", states that " as regards the air report (analysis of the impact of the regulation, ed), this provides sufficient information about the consultation process implemented by the ministry - albeit in the short time available - in order to define the text of the scheme; however, it appears lacking in terms of the economic impact of the regulation on economic operators and consumers ".
In terms of content, the opinion continues, the Section also draws the Government's attention to two aspects concerning law no. 117/2018 "it is not possible to understand the reason for the apparent inconsistency for which, while paragraph 1 of art. 172 of the New Highway Code imposes the obligation to ensure, with the appropriate restraint systems, children of less than m. 1,50 (i.e., according to common experience, aged up to 10 years and even beyond), paragraph 1-bis of the same article, introduced by law no. 117/2018, introduces the obligation to use anti-abandonment devices only for children under the age of 4; - the incongruity of the legislative provision should certainly be removed ".
Finally, the Council of State invited the legislative amendment of the deadline, already expired, of 2019 July XNUMX, by which the failure to use child seats would be subject to a sanction.
In fact, the law entered into force at the end of 2018 and the obligation to equip themselves with child seats had to be implemented starting from 2019 July XNUMX. But the decisions on the technical characteristics had been postponed to an implementing decree of the Ministry of Infrastructure and Transport which should have arrived within 60 days from the entry into force of the law. But the decree arrived as a draft text only on 21 January 2019, when it was sent to the Tris office (the information system on technical regulations of the European Commission) for any adjustments. The European procedure provides for an examination by the Community institutions to ascertain compliance with the laws and, problems after problems, the text was rewritten and only on 22 July was it sent to the Council of State for an opinion.
With the green light arrived in recent days, the law can be published but another 120 days will have to pass for the provisions to come into force. Or rather, according to the papers: many identify the date of XNUMX October as compulsory, since the favorable opinion would have accelerated the times, but in the meantime the children continue to die. After yet another tragedy in Catania, the one in which a father forgot his child in the back seat, we consider the time to make the warning devices mandatory in the car definitely expired.
We look forward to.
Read also:
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Germana Carillo
