The Italian Ministry of Transport has presented a draft Infrastructure Decree, which has already been submitted for consideration to the DAGL, the body that coordinates the development of regulations. The document, which is soon to be considered by the Council of Ministers, contains a number of important changes in the field of road freight transport. This was reported by Lardi.Today.
One of the key innovations will be the introduction of compensation of €100 for each hour of waiting time exceeding the established limit of 90 minutes (previously, up to 2 hours were allowed). According to Article 4 of the draft, after this time has been exceeded, the carrier will be entitled to a payment, which will be adjusted annually in line with the consumer price index. The time of arrival can be confirmed using the vehicle’s geolocation or second-generation tachograph data. Applications for compensation must be submitted within one year of the date on which it is calculated, otherwise the limitation period will expire.
In addition, the document establishes the driver’s right to be present during the verification of the correctness of cargo operations, even if his participation is not mandatory under the contract. And in cases where the contract specifies a longer waiting time, but in fact this period exceeds “reasonable limits,” the carrier will still be able to claim compensation.
Another important change concerns the terms of payment of invoices, which will be limited to 60 days. For delays of more than 90 days, penalties of 10% of the amount, but not less than €1,000, will be imposed. Compliance with these rules will be monitored by the Antimonopoly Authority, in particular on the basis of complaints from carriers.
