Rental without driver means that a company makes a vehicle available to another person or company for payment, but without providing the driver. In this situation, the person or business renting the vehicle uses it for their own needs and manages it with their own staff. The main difference from other transport services is exactly this: the lessor provides only the vehicle, while driving and organization remain the responsibility of the person who rents it.
In the field of road transport of goods for third parties, it is allowed to use rented trucks, tractors, trailers, semi-trailers, road trains, and articulated vehicles without driver, even when the vehicle belongs to a company established in another European Union member state. The condition is that the vehicle must have been registered or put into circulation lawfully under the legislation of a member state. This rule allows a certain freedom of use of vehicles within the European Union, but only if the legal requirements are respected.
An Italian company entered in the register of road hauliers for hire or reward may also use vehicles acquired through a rental contract from companies based in a European Union member state. The same applies, according to this rule, to undertakings authorized to carry out road passenger transport, which may use buses rented without driver on the basis of a contract concluded with a rental company established in a European Union member state, provided that the vehicles have been lawfully registered or put into circulation.
Not all vehicles may be used for rental without driver. The law identifies the categories that may be used in this way. These include certain special-use vehicles with a total mass not exceeding 6 tonnes, vehicles intended for goods transport, vehicles with up to nine seats intended for passenger transport, mixed-use vehicles, motor caravans, caravans, trailers intended for tourist and sports equipment, and also vehicles with more than nine seats intended for passenger transport. For vehicles intended for goods transport, use for one’s own account is allowed only if the maximum authorized mass does not exceed 6 tonnes.
For rental without driver to be lawful, very specific conditions must be respected. The contract must provide only for the availability of the vehicle and must not be linked to a service contract with the same company concerning driving or accompanying staff. This is meant to prevent a driverless rental from actually hiding a different transport service. In addition, for the entire duration of the contract, the vehicle must be at the exclusive disposal of the company using it and must be driven only by that company’s own personnel.
Documents proving that the rental is lawful must be kept on board the vehicle. The rental contract, or an authenticated extract of it, must be present in paper or electronic form. If the driver is not the same person or entity that rented the vehicle, the driver’s employment contract, or an authenticated extract of it, must also be carried on board, again in paper or electronic form. In some cases, these documents may be replaced by equivalent documents allowed by current legislation. The presence of this documentation is important because it allows the authorities to check immediately whether the vehicle is being used correctly.
The registration document of vehicles intended for rental without driver is issued to companies that lawfully carry out this activity. The Ministry may also establish further criteria and specific procedures for issuing the registration document and for the use of rented vehicles without driver, especially in professional or cross-border transport cases.
The law punishes seriously anyone who uses for rental without driver a vehicle that is not intended for that use, or anyone who circulates with a rented vehicle without respecting the required conditions. Penalties vary depending on the type of vehicle, but for motor vehicles and trailers they can be substantial. If the conditions relating to the contract, the exclusive availability of the vehicle, or the use of the company’s own personnel are not respected, an administrative fine applies as well. In all these cases, the registration document may also be suspended for a period from two to eight months.
For the theory exam, it is important to remember that rental without driver means simple availability of the vehicle for payment, without a driver provided by the lessor. The vehicle must belong to an allowed category, it must be used under the conditions established by law, it must be driven by the personnel of the company using it, and the required documents must be carried on board. If even one of these conditions is missing, the use of the vehicle is not lawful and penalties apply.
🔗 Read the official text of Art. 84 on the ACI portal (Italian)
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