Not anymore to Italy by motorbike !!!

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Finnpaso
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Not anymore to Italy by motorbike !!!

Post by Finnpaso »

Hi all!

I got news about very bad new law in Italy, so first i want to send that to all readers of Ducatipaso.org members, cause this is something, what i cant belive to happen in sivilicised world. Probably this makes lot of talking also here, so first mail is only for that news, what is here:

Dear all,

As you remember, during the last Committee meeting, I informed you about the new italian law that introduces the bike confiscation (not seizure!) for minor offences such as:

- carrying a passenger when not allowed (ie on mopeds)
- wearing a non-approved helmet
- improperly wearing the helmet (ie not fastened)
- helmetless riding
- improperly sitting while riding
- one-hand driving (leaving the handlebar, lifting one hand)
- lifting the front wheel (wheelies)
- carrying excessive loads
- carrying loads not well (in a safe way) secured
- carrying loads that might obstruct or interfere with the driving or the vehicle control.

In any of these cases, according to the mentioned law, the Police's action will (mandatorily) be as follows:

1 - accordingly fine the rider
2 - seize the bike and transfer it to the place (garage) where it will be kept under custody for 30 days (all expenses paid by the owner of the motorcycle)
3 - after 30 days, if no counter action (opposition) has been taken against the sanction, the Prefect will confiscate the vehicle.
The ownership will so be transferred to the State, which will then sell the vehicle by auction.

Important notice: Tthe law has effect whether the transgressor is the owner or the passenger or a third person. It is also applicable to foreign citizens (ie tourists).

Some examples:
1 - your passenger takes the helmet off: both of you get fined, the bike is confiscated
2 - you lend your bike, the borrower infringes one of the rules above: the borrower gets fined, you loose your bike
3 - you lift the left hand to clean or open your visor, make a greeting gesture, switch onto reserve: you get fined and loose the bike.
(if you have bought it recently and therefore are paying a loan, the loss of property won't free you from that obligation).
And so on...

WHY THE LAW HAS BEEN APPROVED

The official reason was the need of "countering the spreading of episodes of so called micro-crime (ie bag-snatching), particularly in certain areas (ie Naples and surroundings, other southern cities) and, at the same time, promote a better risk-awareness and self protection behaviour among the riders". Actually, it is well known that the helmet law is largely unobserved in south Italy (read as "below Rome"). This is due to two main factors:

1 - the lack of attention by all Police bodies (although it may happen anywhere, it is a sort of an alternative jurisdiction in these areas)
2 - in some areas wearing a helmet is a risky habit. It could be seen as a threat by someone, and the helmet holder could therefore be shot to death.

In facts, in those areas - "high crime-rate zone" - criminals are used to wear the helmet to hide their identity when in action. Special Police bodies (squads) which operate there do the same for not
being discovered: they never wear helmets.

In conclusion, it may be said that this law makes an unacceptable equivalence between motorcyclists and criminals. Furthermore, it does not stop nor counter the crime (criminals always wear the helmet and ride stolen bikes, thus do not fear confiscation) but stop honest people from riding bikes.
The problem to solve is crime, the fight has to be made against criminals. Criminals ride bikes too, treating all riders like criminals has no effect on crime prevention but jeopardizes life and freedom of honest people.

WHAT HAS HAPPENED UNTIL NOW:

The law has been approved on July 22, and has come into force on August, 28.
Since the very first day, it was strongly criticized by the media, the public opinion and even various police bodies.
There have been protests (a huge one took place in Trieste) and, in some cases, Police forces have been deliberately attacked, as a reaction to their attempt to apply the law, by groups of riders or even individuals.
The Minister of Transports drew himself off the dispute and said he had no role in this law, which was prepared and promoted by a small group of MPs and then voted by the majority. Actually the Government initially drafted a project of law that had nothing to do with this matter, but during the discussion many amendments were approved. As a result, the final project was very different from the start, and included matters that have very little in common. Among them, various changes to the Highway Code. As it was the very last days before the Parliament's Summer shut-down and the MPs did not want to delay their vacations, they just voted the whole package as it was. MPs' vacations are more important than citizens' interests.

In September the Minister of Transports issued a decree that changed some parts of the Highway Code, which had been declared illegitimate by the Constitutional Court (the highest judicial body in Italy). The Minister's decree had to be converted into law within 60 days, so the discussion started very soon and the Government tabled some amendments aimed to make the previous law less strict. From riders' point of view there was nothing to be happy with, although the new text gave them some more chances to bring the bike back home. According to the new regulations, in most cases the confiscation was replaced with a 90-day seizure, but it was still applied when the same offence occur within two years.

The last round was scheduled in the week before November 20, that was also the deadline for the conversion of the decree into law. On November 17, after having been verified - for four times - that the Parliament was not in legal number, the Government withdrew the decree. As a Result, none of the changes approved until then has come into force, and the confiscation is still alive.

The Governement - that must obey the Constitutional Court - promised to change it with the approval of the Budget Law, but nothing has happened until now an - most important - there are no rumors on this topic. Our main worry is that the politicians are now only interested in the forthcoming elections (they should take place on April) and their attention is drawn only on tactics, strategies and alliances, not on citizens' needs. This attitude is also worsened by the new Voting System, which does not include the possibility to vote candidates: by this law one can only vote for a party/coalition of parties, the candidates will then be chosen by the parties, with no interference from electors. This means, as you can easily understand, that it won't be possible to campaign in favour or against anyone in accordance to our interests' protection.
Antti http://www.youtube.com/watch?v=HeKOh3XoXPg&NR=1
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ducapaso
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Post by ducapaso »

Actually, as italian rider I have to face policemen every single time I ride, :rant: so, in order to save my bike and my driving licence, I'm used to follow the italian laws, but... i wonder what's wrong in this! :confused:
I always wear helmet, and I did it even before new laws, and this is ', first of all to save my head from shocks! :toofar: I also switch on headlamp and never carry improper load... I think it's a different way to take care of my dukess not to take risk of rolling down!
do you think i'm nut? :screwy:
have a nice ride, Nicola

Black "DUKE" 751582
ex...Red "smooth" 753349 :-(
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