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ITALIAN MADNESS
Word reaches us from MAG’s opposite number in Italy (www.cmfem.it) and fellow FEMA members, Coordinamento Motociclisti that their government has gone utterly barking mad with a draconian response to urban crime.
The problem of bag snatching and other offences in which felons often use motorcycles has prompted a hurried and botched mass of regulation which could lead to unwarranted confiscation of motorcycles for the most trivial of offences.
According to the letter of the law it is now technically possible to suffer fines and confiscation of your motorcycle for numerous offences including the following:
- Wearing a non-approved helmet
- Improperly wearing the helmet (eg unfastened)
- Helmetless riding
- Improperly sitting while riding
- One-handed riding
- Popping a wheelie
- Carrying excessive loads
- Carrying badly secured loads
As things stand it is legally possible for you to suffer confiscation of your motorcycle for re-locating it in a parking spot after having removed your helmet.
You could also in theory lift your left hand to clean or open your visor, make a greeting gesture, switch onto reserve: you get fined and loose the bike.
The law also has consequence whether the transgressor is the owner or the passenger or a third person, the other person gets fined, you loose your bike and are required to pay for storage during the time of confiscation.
If you are paying for the bike via a loan, the loss of property won't free you from that obligation.
The legislation is also applicable to foreign citizens (i.e. tourists).
Unlikely? But in light of possibilities like this it seems like a good idea to lodge our disapproval with the Italian authorities.
With more British riders travelling abroad these days the loss of tourists’ pounds might just focus the necessary minds on the absurdity of the legislation they have passed.
Now given the lackadaisical nature of traffic law enforcement in Italy it may well be that no foreign tourist would suffer such extreme treatment BUT they could.
It is not the style of MAG to ‘cry wolf’ or unrealistically inflate the significance of an issue in order to try and shake people out of apathy without good reason but our Italian brother organisation are taking it seriously and have asked us to help.
The seriousness of the new legislation led to the organisation of a 3,000 strong demonstration in the northern Italian town of Trieste, despite a last minute attempt by the police to stop the demo to riding to the towns Central Square.
The main danger from this kind of legislation stems from inappropriate zeal on the part of officers who may have taken a dislike to someone or simply be suffering from the heat of the sun.
Our esteemed President Ian Mutch encountered just such an officer recently and was given a ticket for £60 for failing to notice that he’d been robbed of his tax disc.
Coordinamento Motociclisti Says Undemocratic
In September 2005 the Italian Minister of Transport issued a decree that changed various 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 quickly and the Government tabled some amendments aimed to make the previous law less strict.
From the riders’ perspective there was nothing to be thrilled about, although the changes have given them a better chance to recover their bikes. According to the new regulations, in most cases the confiscation will be replaced with a 90-day seizure, but it still applies when the same offence occurs within a two year period.
The last round was scheduled in November 2005, which was also the deadline for the conversion of the decree into law.
On November 17th 2005, after having been verified - for the fourth time - that the Parliament was not sitting legally, the Government withdrew the decree.
As a Result, none of the changes approved until then have come into force, though confiscation of bikes is still applied.
The Government – which must obey the Constitutional Court - promised to change it with the approval of the Budget, but nothing has happened until now and - most important - there has been no further discussion on this topic.
Our main concern is that the politicians are now only interested in the forthcoming elections (which should take place in April 2006) and their attention only focuses on tactics, strategies and alliances, not on the needs of citizens.
This attitude is also worsened by the new Voting System, which does not include the possibility to vote for candidates: by this law we can only vote for a party/coalition of parties, the candidates will then be chosen by the parties, with no input from electors.
This means, as you can easily understand, that it won't be possible to campaign in favour or against anyone for our best interests.
What You Can Do!
We have been asked to write to the Italian authorities and the Italian press.
Individually written letters or emails are always best but a letter on this subject might include the following elements:
Dear Sir
I have received information from the riders' rights organization COORDINAMENTO MOTOCICLISTI regarding new legislation approved in Italy, relating to specific violations of the Italian Highway Code.
From what I am told this is a case of a piece of legislation that will give problems for everyone except the criminal element it is aimed at.
This legislation is excessive for the main purpose to combat the numerous episodes of street crimes - such as bag-snatching - that affect some areas and cities and the penalties are completely out of proportion to the scale of offences it is designed to address.
I consider this law to be draconian, undemocratic and not worthy of a modern and civilized country like Italy I love coming to Italy/I plan to visit Italy this year by motorcycle and comply with all traffic laws however I can imagine that with this legislation being so broad in its scope, I might accidentally fall foul of it and suffer outrageous penalties as a result.
I respectfully urge you to reconsider this legislation as I would not feel secure coming to your country on a motorcycle with such laws in force.
Yours Sincerely.
Contacts
Apart from the contact list below, you may wish to write to the Foreign Secretary Jack Straw, to ask his Italian counterpart how this legislation would affect a UK citizen:
Secretary of State for Foreign and Commonwealth Affairs
King Charles Street
Whitehall
London
SW1A 2AH
Note no email address Available.
It would also be worthwhile contacting the Shadow Foreign Secretary’s.
William Hague (Conservative)
Shadow Foreign Secretary and Senior Member of the Shadow Cabinet
Westminster address
Rt Hon William Hague MP
House of Commons
London
SW1A 0AA
Tel:020 7219 4611
Fax:020 7219 1890
haguew@parliament.uk
Constituency Richmond (Yorkshire)
Constituency Address
c/o 67 High Street
Northallerton
North Yorkshire
DL7 8EG
Rt Hon Sir Menzies Campbell, CBE QC MP (Liberal Democrats)
Shadow Secretary of State
Westminster address
Rt Hon Sir Menzies Campbell, CBE QC MP
House of Commons
London
SW1A 0AA
Constituency North East Fife
Constituency Office
16 Millbank
Cupar
Fife
KY15 5EG
nefifelibdem@cix.co.uk
If you are a constituent of William Hague or Menzies Campbell, you can check with a postcode search at
http://www.locata.co.uk/commons/ where you can email them direct.
Italy
Motorcycle Magazines:
Motociclismo, Editor - Motociclismo@edisport.it
Motociclismo, Mr. Marco Riccardi - marco.riccardi@edisport.it
Motociclismo, Mr.Paolo Lorenzi - paolo.lorenzi@edisport.it
Due Ruote, Mr. Luigi Rivola - dueruote@edidomus.it
In Sella, Mr. Ferdinando Restelli - restelli.insella@casaeditriceuniverso.com
Moto Sprint, Editor - posta@motosprint.it
In Moto, Editor -posta@inmoto.it
Mototurismo, Editor - redazione@mototurismo.it
National Newspapers:
La Repubblica, Editor -larepubblica@repubblica.it
Il Corriere della Sera, Editor - lettere@corriere.it
Il Corriere della Sera, Mr. Sergio Romano - sromano@rcs.it
La Stampa, Editor - lettere@lastampa.it
Il Messaggero, Editor - cronaca@ilmessaggero.it +prioritaria@ilmessaggero.it
Il Mattino di Napoli, Editor - posta@ilmattino.it
Il Sole 24 Ore, Editor - letterealsole@ilsole24ore.com
Il Sole 24 Ore, Mr. Aldo Carboni - a.carboni@ilsole24ore.com
L'Unità, Editor - lettereunita.it
ANSA, News Agency - ansa@ansa.it
AREA, News Agency - agenziaarea@agenziaarea.it
Gabibbo, TV Programme - gabibbo@mediaset.it
Mi Manda Raitre, TV programme - mimandaraitre@rai.it
News Magazines:
Famiglia Cristiana, Editor - direzionefc@stpauls.it + famigliacristiana@stpauls.it
L'Espresso, Mrs. Daniela Hamaui - d.hamaui@espressonline.it
Government:
Prime Minister's Office, Mr. Silvio Berlusconi MP - capoufficio.presidente@governo.it + v.valentini@governo.it + segreteriaportavoce@palazzochigi.it
Under secretary of State. Mr. Gianni Letta MP - sscm@palazzochigi.it
Vice-Prime Minister, Mr. Gianfranco Fini MP - g.fini@governo.it + segreteria.fini@governo.it
Vice-Prime Minister, Mr.Giulio Tremonti MP - g.tremonti@governo.it
Dept. of Juridical and Legislative Affairs, Head of Office Mr.Claudio
Zucchelli - dagl@palazzochigi.it + c.zucchelli@palazzochigi.it
Ministry of the Interior
Minister Mr. Giuseppe Pisanu MP - gabinetto.ministro@mininterno.it
Principal Private Secretary, Mr. Carlo Mosca -
segreteria.gabinetto@interno.it
Head of Legislative Office, Mr. Pierluigi Magliozzi -
legislativo.affarigenerali@interno.it
Under Secretary of State, Mr. Alfredo Mantovano MP -
segreteria.mantovano@interno.it + alfredo@mantovano.org
Ministry of Transports
Principal Private Secretary, Mr. Claudio Gelati -
Claudio.gelati@mail.llpp.it
P.R. Office, Mr. Giovanni Baldoni -
Giovanni.baldoni@infrastrutturetrasporti.it + ufficio.stampa@mail.llpp.it
Head of Legislative Office, Mr. Mario Sancetta -
ul.infrastrutture@virgilio.it
Under Secretary of State, Mr. Ugo Martinat MP - domenico.crocco@mail.llpp.it
Under Secretary of State, Mr. Mario Tassone MP -
tassone.m@infrastrutturetrasporti.it +
segreteria.tassone@infrastrutturetrasporti.it +
d.tarriconi@infrastrutturetrasporti.it
Ministry of Industry
Vice Minister Mr. Adolfo Urso MP - silvi@mincomes.it
Vice Minister Mr. Battista Caligiuri MP -
caligiuri@attivitaproduttive.gov.it
Office of Minister - raffaele.lauro@attivitaproduttive.gov.it +
rosanna.lanzara@attivitaproduttive.gov.it
Directorate General of Tourism, Mrs. Anna Maria Guzzardi -
am.guzzardi@virgilio.it
Please forward replies to
Trevor Baird
Director Of Public Affairs MAG UK
MAG UK
PO Box 750
Rugby
CV21 3ZR
Tel. 0870 444 8 448
Fax. 0870 444 8 449
public-affairs@mag-uk.org
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