Third-party liability (RC) insurance is mandatory by law, as all motorists/motorcyclists know. However, a restrictive change introduced by Legislative Decree 2023, no. 184, which transposes EU Directive 2021/2118, may be less well-known.
The legislation has extended the mandatory insurance coverage to unused vehicles parked in private areas. In the past, this obligation only existed when the vehicle was parked on public land (a road, a supermarket car park, an underground car park…), considering the possibility of damage resulting—for example—from a fuel leak or an accidental movement caused by a broken handbrake.
Exemptions
As often happens, the law provides for derogations from its application: in this case, the derogations concern vehicles unfit for use.
The first and most important is the exemption for vehicles formally withdrawn from circulation. Therefore, it is not enough to park them in one's garage; they must be canceled from the PRA for demolition, export, or revocation/cancellation of the vehicle registration certificate.
Second exemption from compulsory car insurance: vehicle owners whose use is temporarily or permanently prohibited will not have to pay. The prohibition of circulation must come from the authority that, for example, seizes or confiscates a vehicle or subjects it to administrative detention.
The third exemption concerns owners of vehicles unsuitable for use as a means of transport. This includes cars without an engine or those reduced to scrap after a road accident.
Suspensions
According to Article 122 bis of the CAP (Private Insurance Code), it is always possible to temporarily suspend the policy for non-use of the vehicle; in the past, this possibility was at the discretion of the insurance company.
The suspension period can be extended multiple times beyond the initially communicated duration, with a maximum limit of 10 months (11 for historic vehicles) per year; the suspension is active from the moment of registration in the Motorizzazione database (Automobilista portal).
To activate it, a formal communication to the insurance company is required (registered mail, certified email, online customer service, directly at the agency), specifying the suspension period and providing the details of the policyholder, policy, and vehicle. The suspension is always free of charge. The policy automatically reactivates from the day indicated as the end of the suspension; during this period, the vehicle will not be covered by any insurance. The lost days of insurance coverage will be recovered by extending the policy's expiration date.
Can the vehicle be left parked in public areas? The Ministry of Interior has clarified that with the new legislation, vehicles with suspended insurance are exempt from the penalties for uninsured vehicles, provided that:
- the insurance is suspended according to the procedures provided by the CAP
- the suspension is registered in the vehicle database, making the information easily accessible to authorities
