Administrative detention of the vehicle

Administrative detention of a vehicle is an additional penalty that requires the vehicle to stop circulating for a certain period. When the Highway Code provides for it, the owner of the vehicle, appointed as custodian, or, if absent, the driver or another jointly liable person, must immediately stop using the vehicle and place it in a private location available to them, or keep it at their own expense in a place not open to public traffic. A seal is placed on the vehicle to show clearly that it is under detention, while the registration document is kept by the police authority.

If the responsible person refuses to transport or keep the vehicle according to police instructions, an additional high monetary penalty is imposed, together with suspension of the driving licence for one to three months. In that case, the police arrange for the vehicle to be removed and transported to an authorized storage place. The costs of transport and storage are also charged to the responsible person. In many respects, rules similar to those for vehicle seizure apply.

As a general rule, the vehicle is entrusted to the person entitled to it. If the violation was committed by a minor, the vehicle is entrusted to the parents, to the person exercising responsibility over the minor, or to another adult specifically authorized, after payment of the transport and storage expenses.

If the driver who committed the violation is not the owner and does not have lawful availability of the vehicle, and it is clear that the vehicle was used against the will of the owner or lawful holder, the vehicle is immediately returned to that person. In this case, a return report is prepared and a copy is given to the interested person.

It is possible to appeal the administrative detention order to the Prefect. If the appeal is accepted and the violation is found to be unfounded, the detention ends and the vehicle must be returned, unless the vehicle has already been transferred in ownership in the cases provided by law. If a judicial opposition has been filed, however, the vehicle cannot be returned before the court’s decision.

Administrative detention also applies in cases where the Highway Code provides for suspension of the vehicle registration document. In those situations, the detention lasts for the same period as the suspension of the document.

A very important point is that a vehicle under administrative detention must never circulate. If the custodian unlawfully drives the vehicle or allows others to use it during the detention period, this is a very serious violation. In that case, a heavy monetary penalty applies, the vehicle is immediately removed and taken to an authorized subject, and confiscation of the vehicle applies. Revocation of the driving licence may also be applied. For theory exam study, it is essential to remember that administrative detention means a complete prohibition on circulation: if the vehicle is used anyway, the consequences become much more severe.

❓ Frequently asked questions

What is administrative detention of the vehicle?

Administrative detention of the vehicle is regulated by Art. 214 of the Italian Road Code, within the chapter "VI. Offences and Sanctions". You'll find the complete explanation above with all the essential details to pass the Italian driving theory exam.

In which chapter of the Italian Road Code is Art. 214?

Art. 214 of the Italian Road Code is in the chapter VI. Offences and Sanctions. You can read the original article on the official ACI portal at this link.

Is this topic important for the Italian driving licence exam?

Yes, all articles of the Italian Road Code may be subject to questions in the theory exam. To practice with real quiz questions on this topic, access our platform with 7,000+ official questions.