On December 14, 2024, the new Highway Code (Law 177 of November 25, 2024) came into force. This updated code introduced stricter penalties for individuals who use a mobile phone while driving or who test positive for alcohol or drugs. It also established regulations for safety recall campaigns pertaining to motor vehicles, commercial vehicles and trailers.
Until now, recall campaigns for consumer products presenting safety risks have been regulated exclusively within the Consumer Code (Part IV on Safety and Quality), which sets out the information and recall obligations placed on the manufacturer and distributor of consumer goods considered dangerous.
With the revision of the Highway Code, Article 80 bis imposes obligations on both manufacturers and consumers/users/owners.
In particular, Article 80 bis of the Highway Code lays down the following obligations:
· Where manufacturers of motor vehicles (category M), commercial vehicles (category N) and trailers (category O) consider that there is a serious risk to the health or safety of persons, they must (i) take immediate corrective and information measures relating to all the vehicles concerned so as to exclude the risk; (ii) notify the owners or users of the affected vehicles by utilizing the national vehicle register. This process will be regulated by a provision from the Directorate General for Motorization of the Ministry of Infrastructure and Transport, which is expected to be established within one hundred and eighty days from the effective date of this provision.
· Manufacturers who find that corrective measures have not been completed within 24 months of starting a recall campaign are required to enter the vehicle’s information into a computerized list managed by the Civil Motor Vehicle Registration Authority. This list can be accessed by law enforcement agencies and the public.
· Failure to take corrective measures, to inform owners or to update the computerized list, will make manufacturers liable to fines of between EUR 10,000 and EUR 60,000 for each violation.
· Driving with a vehicle on the computerized list will result in a fine of 173 to 694 euro and suspension of the vehicle from circulation until the repair work is carried out.
This reform has positive aspects that fill certain gaps such as:
· The regulation governing motor vehicle recall campaigns by extending the range of protected subjects to all vehicle owners, regardless of whether they are consumers or professionals, as is the case with the protections established by the Consumer Code. This is particularly relevant given that Article 80 bis is also extended to commercial vehicles, which are mainly purchased and used by professionals.
· The provision of an obligation, accompanied by a sanction, on the part of the vehicle owner to allow the manufacturer to carry out the corrective measures required to eliminate the safety risk. This obligation certainly seems necessary, since it was not uncommon for vehicle owners to omit or refuse to carry out the measures stipulated by the manufacturer.
· The provision of a publicly accessible register where interested users can find out about the existence of recall campaigns on that particular vehicle, thus promoting transparency in the trade in used vehicles.
The most problematic parts of the regulation are:
· That it cannot be fully implemented until access to the national archive is regulated by order of the Directorate General for Motorization.
· The lack of distinction between manufacturers and distributors as in the Consumer Code.
· The non-inclusion of motorbikes (category L) in the standard. This omission appears significant given that motorbikes represent an important segment of vehicles on the road.
