ADMINISTRATIVE STOP OF A TRUCK: WHAT TO DO?
Like all registered movable goods, the truck may also be subject to detention by the public administration for unpaid debts (social security contributions or various taxes) or for penalties imposed as a result of a violation of the highway code.
In this regard, just to cite an example, the art. 216 of the Highway Code provides that if you circulate with the driving license withdrawn or you do not have the registration card or other important documents for transport, the Traffic Police when ascertaining the violation can apply as an accessory sanction the administrative detention of the vehicle.
Although the procedure is regular, the administrative detention of a truck or truck for "third party use", which are company vehicles, can be illegitimate, because they are capital goods that the company uses for the exercise of its business. In the past it was possible to obtain the cancellation of the detention order, if the company showed that the vehicle was indispensable for the company for the normal continuation of the activity; instead today with the Decree of Fare, which came into force on 21 August 2013 by the Letta Government, it is no longer necessary to prove its indispensability, but it is important that the vehicle be owned by the company. The arrest, in this case, becomes illegitimate, because it does not allow the company to carry out its activity adequately resulting in a slowdown of the company and therefore have a drastic loss of customers.
Sure said so, then no one would pay more taxes or fines, because there is so much "escamotage" to get the cancellation of the detention, but the law has wanted to safeguard the principle of business continuity with respect to the precautionary need of the public administration because if the debtor, no matter how inadequate it may be, must still allow him to continue working and earning in order to pay off his debts.
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