Le Modifiche al Codice della Strada (D.Lgs. n. 285/1992) introdotte dall’art. 29 bis del D.L. n. 113/2018 come convertito con Legge n. 132/2018:
Art. 93 (Formalità necessarie per la circolazione degli autoveicoli, motoveicoli e rimorchi)
Viene sancito il divieto, per chi ha stabilito la residenza in Italia da oltre sessanta giorni, di circolare con un veicolo immatricolato all’estero (comma 1 bis).
In tale ipotesi, ferma restando l’applicazione delle sanzioni previste, se il veicolo non è immatricolato in Italia, l’intestatario chiede al competente ufficio motorizzazione civile, previa consegna del documento di circolazione e delle targhe estere, il rilascio di un foglio di via e della relativa targa, al fine di condurre il veicolo oltre i transiti di confine. L’ufficio motorizzazione civile provvede alla restituzione delle targhe e del documento di circolazione alle competenti autorità dello Stato che li ha rilasciati.
Per la violazione del divieto di cui al comma 1 bis viene stabilita la sanzione amministrativa del pagamento di una somma da euro 712 a euro 2.848. L’organo accertatore trasmette il documento di circolazione all’ufficio motorizzazione civile competente per territorio, ordina l’immediata cessazione della circolazione del veicolo e il suo trasporto e deposito in luogo non soggetto a pubblico passaggio. Si applicano, in quanto compatibili, le disposizioni sulla misura cautelare del sequestro e sulla sanzione accessoria della confisca amministrativa (art. 213). Qualora, entro il termine di centottanta giorni decorrenti dalla data della violazione, il veicolo non sia immatricolato in Italia o non sia richiesto il rilascio di un foglio di via per condurlo oltre i transiti di confine, si applica la sanzione accessoria della confisca amministrativa.
Vengono, tuttavia, previste delle deroghe al divieto di cui al comma 1 bis (comma 1 ter):
1. nell’ipotesi di veicolo concesso in leasing o in locazione senza conducente da parte di un’impresa costituita in un altro Stato membro dell’Unione europea o dello Spazio economico europeo che non ha stabilito in Italia una sede secondaria o altra sede effettiva,
2. nell’ipotesi di veicolo concesso in comodato a un soggetto residente in Italia e legato da un rapporto di lavoro o di collaborazione con un’impresa costituita in un altro Stato membro dell’Unione europea o aderente allo Spazio economico europeo che non ha stabilito in Italia una sede secondaria od altra sede effettiva.
In entrambi i casi, deve essere custodito a bordo del veicolo un documento, sottoscritto dall’intestatario e recante data certa, dal quale risultino il titolo e la durata della disponibilità del veicolo. In mancanza di tale documento, la disponibilità del veicolo si considera in capo al conducente.
Per la violazione delle disposizioni di cui al comma 1 ter viene stabilita la sanzione amministrativa del pagamento di una somma da euro 250 a euro 1.000. Nel verbale di contestazione è imposto l’obbligo di esibizione del documento suddetto entro il termine di trenta giorni. Il veicolo è sottoposto alla sanzione accessoria del fermo amministrativo ed è riconsegnato al conducente, al proprietario o al legittimo detentore, ovvero a persona delegata dal proprietario, solo dopo che sia stato esibito il documento o, comunque, decorsi sessanta giorni dall’accertamento della violazione. In caso di mancata esibizione del documento, l’organo accertatore provvede all’applicazione della sanzione amministrativa del pagamento di una somma da euro 712 ad euro 3.558, con decorrenza dei termini per la notificazione dal giorno successivo a quello stabilito per la presentazione dei documenti
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