The effective obligation of anti-abandonment seats starts from today, 7 November 2019, and there will be no time until 6 March 2020.
Don't store avocado like this: it's dangerousThere has been a real twist regarding the timing with which families will have to equip themselves with car seats with anti-abandonment devices. The effective obligation takes effect from today, 7 November 2019, and there will be no time, as previously announced, until March 6, 2020.
An absurd situation, as is typical of our country, is occurring with respect to the obligation to install anti-abandonment seats in cars for children under the age of 4. On the Ministerial Decree (DM) published in the Official Gazette it was inferred (erroneously) that there would be 120 days from the time of publication to comply.
This led to the date of March 6, 2020, the moment in which the effective obligation would be triggered. A useful time both for manufacturers to launch new products taking into account the characteristics that new devices must have according to the Ministerial Decree, and for families who thus could have the possibility to better choose what to buy and to request the 30 euro bonus allocated for who must have the device. In the next few days, the Decree governing the methods for disbursement of the contribution will be approved.
And instead, surprisingly, yesterday it was announced that the obligation takes effect immediately, starting today 7 November. This is stated in the circular from the Ministry of the Interior 300 / A / 9434/19/109/12/3/4/1 which reads:
"The operational provisions of the ministerial decree have been in force since 7 November 2019 and, consequently, the sanctions are applicable from the same date"
The circular does not explain the reasons for this decision even if the underlying problem is basically this: the law 117/2018 provided for 120 days to adapt starting from 1 July (last) and not since publication in the Gazzetta.
As stated in the text of the "Introduction of the obligation to install devices to prevent the abandonment of children in closed vehicles" in paragraph 3:
"The provisions referred to in paragraph 1 shall apply after one hundred and twenty days from the date of entry into force of the decree referred to in paragraph 2" and immediately after "and in any case starting from 1 July 2019"
In short, there has been a misunderstanding and all this obviously to the detriment of families with small children, who are now in a panic, having only known yesterday that, as of today, they will need the device to drive around in the car.
On the website of the Ministry of the Interior, here it is possible to download the regulation implementing article 172 of the new Highway Code.
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What are the risks?
Heavy penalties that they provide fines from 81 to 326 euros and 5-point curtailment of the driving license. And the problem is that obviously it is very difficult to get up to speed overnight, considering that there are not even enough devices on the market for everyone (and you have to make sure that they comply with the ministerial requirements that you can read HERE).
It is likely that the police in this first period, given the chaos, will turn a blind eye but they will certainly not be able to do so, for example, in the event of an accident when the fact that there is no anti-abandonment device must necessarily be recorded. . At that point, in addition to the various penalties, there is also the risk that the insurance, for a violation that has nothing to do with the primary purpose of the child seat of protecting children in the event of an accident, may claim against the driver for the damages to be paid. .
What to do in the event of a fine
Keep in mind that if in the next few days you are fined for not having an anti-abandonment device, you have a good chance of winning the appeal to the justice of the peace. In fact, a ministerial circular is not bound before the judicial authority and, reading when written in the Decree, it can be argued that it is not clear when the obligation becomes effective.
How to choose the seat or anti-abandonment device
However, the fact remains that a new child seat or the anti-abandonment device to be applied to a support already mounted in the car must be purchased as soon as possible. Currently on the market there may also be non-compliant devices and therefore it is always good to pay close attention.
Ask the seller for the declaration of conformity of the device with respect to attachment B of the Ministerial Decree. Check for yourself that all the required features are present before proceeding with the purchase.
Read also:
- Seat with anti-abandonment device: here are all the features it must have
- Anti-abandonment seats: 30 euro bonus for those who have to buy them (but only for the fastest ones)
- Anti-abandonment car seats: the decree is signed and becomes mandatory for up to 4 years
