absence seizure

 absence seizure /Vehicles seizure

 
The Prefect orders the seizure of the vehicle due to lack of insurance coverage and / or lack of the registration certificate
SEQUESTRO AND ADMINISTRATIVE STOPS OF THE VEHICLE

There are violations to the provisions of the Highway Code or to other regulations (for example, the law No. 298/1974 on the subject of transportation of goods on their own or on behalf of third parties) which entail not only the application of an administrative sanction pecuniary (sum of money) but which also impacts consequences on the vehicle used.
When the violation is contested, therefore, the traffic police body proceeds to draw up two documents: the assessment report and the report on the detention / administrative seizure of the vehicle (or other measure).
The administrative seizure of the vehicle is governed by art. 213 C.d.S .: is a precautionary measure with which the availability of the asset is subtracted from the lawful right and placed at the disposal of the Administrative Authority for the measures within its jurisdiction (for example, administrative confiscation). The seizure can be connected to administrative or criminal violations.
The administrative stop of the vehicle is governed by the art. 214 C.d.S .: is an accessory sanction with which the availability of the asset to the right is subtracted; it is specified that the duration of the detention is provided for by the law that sets it and that is assumed to be violated.
In the case, however, these measures are provided for by provisions of a criminal nature the discipline is dictated by the art. 224 ter of the highway code.

 Seizure or administrative detention as a result of administrative violations (articles 213 and 214 C.d.S.)
The main provisions that involve the seizure / administrative arrest are the following:
• movement with a vehicle for which the registration certificate has not been issued (Article 93 of the Cd.S.);
• manufacture, production, marketing or sale of mopeds that develop a speed higher than that provided for by art. 52 C.d.S. (45 km / h) or with a moped for which the movement certificate has not been issued, if required (Article 97 of the Cd.S.);
• driving practice without having, alongside an instructor, a person with a valid driving license (Article 122 of the Cd.S.);
• movement with a moped or motorcycle in violation of the behavioral rules provided (Article 170 of the Cd.S.);
• movement with a vehicle without adequate insurance coverage (Article 193 of the Cd.S.);
• movement with a vehicle subject to administrative detention (Article 214 of the C.d.S.);
• circulation with a license withdrawn or suspended (articles 216 and 218 C.d.S.);
• circulation in violation of the law regarding the transport of goods (articles 26 and 46 of law n. 298/1974 s.m.i.).
Admitted to the Prefect, pursuant to art. 203 C.d.S., within 60 days from the notification of the record itself, or alternatively, recourse to the Court of Peace of the place of the violation contract within 30 days from the dispute / notification.
When the appeal brought to the Prefect is upheld and the finding of the violation is declared unfounded, the prefectural order extinguishes the accessory sanction and imports the return of the vehicle to the right by the investigating body. On the other hand, when opposition has been filed, pursuant to article 205, the restitution can not take place until after the provision of the judicial authority.

 Seizure or administrative detention as a result of violations of a criminal nature (Article 224ter C.d.S.)
The main provisions that involve the seizure / administrative arrest are the following:
• prohibition to race at speed with motor vehicles (eg article 9ter C.d.S.);
• driving without a license or with a revoked license (Article 116 of the Cd.S.);
• driving under the influence of alcohol (Article 186 of the Cd.S.);
• driving under the influence of drugs (Article 187 of the Cd.S.).
Admittedly against the Justice of the Peace of the place of the violation contract within 30 days of the protest / notification, against the reports of seizure or administrative detention.
It is specified that even if the offenses cited are of a criminal nature, the seizure ordered by the traffic police body is administrative in nature.


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Competent office:
Area III - Application of the Administrative Sanctions System; Legal Affairs, Litigation and Legal Representation
Location of the Office: Via Zelasco n. 3 - 24121 - Bergamo.
Office hours: Tuesday - Thursday: from 9.00 to 12.00
Telephone counter EXCLUSIVELY on Monday and Friday from 09.30 to 11.00

Head of the Area: Dott.ssa Patrizia SAVARESE
Email Area Executive: patrizia.savarese@interno.it
P.E.C .: protocollo.prefbg@pec.interno.it


Other telephone numbers: 035.276.639 and 035.276.417 (Monday and Friday only)
Fax n. 035276635

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 What happens at the time of the dispute
When the violation is contested, two documents are drafted: the assessment report and the attachment or arrest report.
The vehicle is entrusted to the owner or, in the case of his absence, to the driver of the vehicle or other person jointly and severally (eg parent for minor child): this person is appointed custodian with the obligation to deposit the vehicle in a place of who has the availability or to keep it, at his own expense, in a place not subject to public transit (eg garage, parking space in a condominium courtyard, etc.), providing transport in safe conditions for road traffic. The movement document is withheld by the proceeding police body.
In the event that the vehicle subject to seizure or detention is a moped or a motorcycle, pursuant to art. 213, comma 2quinquies, CdS, is obligatorily entrusted by the police to an authorized custodian (custodian buyer) where it will remain for the next 30 days (except for the case governed by Article 171 CdS - eg circulation without protective helmet ). After this deadline, the owner, upon payment of the costs of recovery and custody, may request the custody by contacting the investigating body directly.

IMPORTANT NOTE - ATTENTION!
When it has not been possible to entrust the vehicle to the owner or to the driver or to another person who is jointly and severally liable for lack of subjective requirements or for refusal to take custody (the vehicle has been entrusted to an authorized custodian), THE OWNER (or one of his delegates), WITHIN AND NOT MORE THAN 10 (ten) DAYS from the notification of the seizure report and the notice, must take custody of the vehicle, under penalty of immediate transfer to property to the guardian purchaser even for the purpose of scrapping in the case of serious damage or deterioration.
 What subjective requisites do I have to be appointed custodian?
The norms of the articles 213 and 214 C.d.S. must be coordinated with the general provisions of art. 259 p.p.p. and with those of art. 120 c.p.p. that state that who can not take custody:
a) is in a manifest state of drunkenness or intoxication by drugs;
b) is clearly manifest in mental illness;
c) appears to be subjected to security measures for detention or preventive measures. The absence of security or prevention measures must be ascertained on the basis of the results of the archives of the interforces database as per article 8 of law 121/1981 or, in the case of temporary impossibility of consulting the aforementioned archives, it may form self-certified declaration by the person responsible for the vehicle seized or stopped.
 In what penalties do I incur in case of refusal to keep the vehicle or transfer it to the place indicated by the investigating body?

It applies, pursuant to art. 213, paragraph 2ter, C.d.S., the administrative sanction of the payment of a sum from € 1,818 to € 7,276, as well as the administrative sanction of the suspension of the driving license from one to three months.

 What can I do to get back the availability of the vehicle subject to seizure or administrative arrest in case of administrative violations

a) In the event that the custody of the vehicle has not been entrusted to the owner and is not a moped or a motorcycle, the owner or his delegate must request the police department that proceeded to seize the change of custody no later than 10 days, under penalty of transfer of ownership of the vehicle to the guardian purchaser and upon payment of the costs of recovery and custody of the vehicle until then accrued. In the case of a moped or motorcycle, the change of custody can be requested after 30 days. The owner can not however circulate the vehicle as it remains subject to administrative seizure.
b) In the case, however, it is desired to obtain the release of the vehicle or the suspension of the effectiveness of the opposite act, it is possible to propose:
• in the event of seizure or detention related to administrative violations: appeal to the Prefect or, alternatively to the competent territorial Justice of the Peace;
• in the case of seizure or detention related to violations of a criminal nature: exclusively to the competent territorial Justice of Peace.

 The circulation without insurance coverage has been contested (193 C.d.S.): what can I do?

Without prejudice to the assumption of custody of the vehicle within 10 days of the seizure, the owner may:
a) to appeal to the Prefect or the Justice of Peace against the statement of objection and / or attachment;
b) to request the investigating body, within 30 days from the disputed infringement, to be able to demolish and radiate the vehicle; in this case the administrative sanction is reduced to a quarter (article 193, paragraph 3, C.d.S.);
c) to ask the inspection body to release the vehicle again after having:
• made the payment of the fine to a reduced extent within 60 days of the violation;
• the RCA insurance premium paid at least for six months, as well as
• paid any recovery and custody costs that may exist.

 What can I do to get back the availability of the vehicle subject to seizure or administrative detention in case of violations of a criminal nature?

The seizure persists until the decision of the criminal judge. In case of ascertaining the offense with final judgment, the Prefect will adopt a provision for confiscation of the vehicle; in all other cases (eg, extinction of the crime, acquittal, etc.) the Prefect arranges the release of the vehicle and the return of the vehicle to the right holder.

 I have a vehicle subject to administrative detention entrusted to the guardian buyer, if I do not withdraw at the end of the period of detention, what happens?

When the administrative sanction of the administrative detention was applied for a specified period (1, 2, 3 months, etc.) and the vehicle was assigned to an authorized custodian (custodian-buyer), if at the end of the period of question is not withdrawn by the owner, after further 3 (three) months will be sold, even for the sole purpose of the scrapping, according to the DPR February 13, 2001 n. 189.

 In the case of confiscation of the vehicle, the costs of custody must still be paid? From who?

The costs of recovery and custody of the vehicle subject to seizure or detention are ALWAYS borne by the transgressor and the owner of the vehicle.
Even if the confiscation and / or sale of the vehicle has been ordered, in fact, the Prefecture simply proceeds to anticipate these expenses for which the reimbursement will be requested, with the addition of any notification costs, to the the infringer and the vehicle owner.
It is always desirable (as well as economically cheaper) than theowner takes over the custody of the vehicle or in the immediacy of the assessment (when conditions permit,also in the opinion of the proceeding police body) or as soon as it has the possibility.