Driving licence with penalty points
As a consequence of a violation against art. 126 bis of Highway Code, if the offence could not be reprimanded immediately and involves the points curtailment, to the owner of the vehicle or to other liable person within 60 days from notification of this sanction is requested to submit personal details and driving licence of driver of the vehicle at the moment of the infringement, according to Art. 196 of Highway Code. If the owner of vehicle is a legal person, the legal representative or deputy, must communicate the details within 60 days.
EVEN IF I AM THE OWNER AND DRIVER OF VEHICLE, IS REQUIRED TO SEND THE COMMUNICATION?
The driver details are requested even if the owner and driver are the same person: the officer cannot absolutely consider the simple payment of the report as an admission of guilt valid for the reduction of the points, also according to the sentence n. 27/05 of the Constitutional Court.
WILL THE REPORT SEND TO THE DRIVER ?
If the driver sent the copy of the driving licence and signed a statement that confirm at the moment of the violation driving the vehicle, the points will be deducted from the driver without other notification of the report. If the driver is different from the liable person and not signed the statement with a copy of the driving licence, the report will be send also to the driver with an increase costs.
WHAT ARE THE TRANSMISSION MODES?
The transmission modes of the communication are reported on the back of the form attached to the report
IF I FAILED TO SUBMIT THE DRIVER'S PERSONAL DETAILS?
If the owner of vehicle or other liable person ( natural or legal person) failed to submit the driver's personal details for no reasons according to art. 196 of Highway Code will receive another contravention, whose amount can range from Euro 292,00 to Euro 1168,00 according to Art. 126 bis of Highway Code (the amounts are subject to ISTAT biennial adjustment and may therefore be subject to change).
Please note – The time spent and/or the number of people that drived the vehicle are not valid reasons and are considered a failure to submit the driver's personal details. If you fail to submit the driver's personal details, the administrative penalty the reductions of points on driving license and additional penalties remain of liability of the owner.
THE COMMUNICATION OF THE DRIVER DETAILS IS COMPULSORY IF I PRESENTED AN APPEAL?
According to the sentence n. 27/05 of the Constitutional Court, the communication of the driver details is not compulsory if the appeal is pending. If you have communicated the driver details, the reductions of points on driving license is possible only upon the rejection of the appeal; if you have not communicated the driver details the deadlines for the communication start from the date of notification of the Prefect's Ordinance or from the date the deposit of the Judge's sentence.
I HAVE RECEIVED A COMMUNICATION FOR THE REDUCTIONS OF POINTS FOR A REPORT WITH APPEAL PENDING
There is a chance that the office have not knowledge of the appeal. In this case you can request the points attaching the proof of the documentation of the presentation of the appeal.
Please Note – There is a chance that the chancelleries of justice of the peace for many works reason communicated late the appeal: the office gives back the points after the ufficial communication of appeal from the responsible chancellery
HOW CAN I FIND OUT MY POINTS?
The holder can check the status of his driving license in real time at the national register of the entitled people to drive accessible through the "portale dell' automobilista".On the portal, the Ministry of Transport has activated online service to check points on driving license: you can register on the site following the instructions on the home page.
HOW CAN I GET BACK THE POINTS?
The points are recovered as indicated:
• score less than 20 – If you do not committed infractions with points reduction for two years, the 20 initial points is obtained.
• score higher than 20 - If you do not commited infraction with points reduction for two years, 2 points is obtained.
The lost score can also be recovered by attending specific courses at driving schools and other subjects authorized by the Ministry of Transport.