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Road cabotage, further clarification from the Italian National Labour Inspectorate (INL)

da www.ispettorato.gov.it

18/07/2018

Now available online the INL memo No 6262  of 17 July 2018 that provides clarifications for posted drivers or those involved in cabotage operations, in accordance with the provisions introduced by the Decree Law No 50/2017 (converted into Law No 96/2017) and with the decision of the Italian Council of State.

The memo once again brings to light the fact that the driver of a vehicle that is circulating without carrying copies on board of the advance declaration of posting or the other documents containing the information referred to in Article 10, paragraph 1.4 (work agreement, or other document containing the information referred to in Articles 1 and 2 of Legislative Decree No 152/1997, as well as pay slips) or "with documents that do not comply with the aforementioned provisions" can be stopped by the Police and fined. Moreover, the owner of the vehicle will be held jointly and severally liable (cf. circular of the Italian Ministry of the Interior of 10 July 2018.)

On 9 May 2018 the Council of State specified that for this offence only the Italian Highway code shall apply. In addition, the implementation of regulations contained in Law No 689/1981 is to be excluded, also as regards any continuation of the sanctioning procedures.

However, the responsibility of the inspection authorities remains as far as concerns the verification and notification of the offence regarding failure to make the advance declaration of posting or cabotage operations to the Ministry of Labour and Social Policies.