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Directive To Control The Advertising 'abusive. Advertisement 'along The Streets Or In Sight Of Them. Art. 23 Of The Legislative Decree 30 April 1992 N. 285, As Amended. (Directive No. 1381 Of 17 March 1998).

Original Language Title: Direttiva per il controllo della pubblicita' abusiva. Pubblicita' lungo le strade o in vista di esse. Art. 23 del decreto legislativo 30 aprile 1992, n. 285, e successive modificazioni. (Direttiva n. 1381 DEL 17 MARZO 1998).

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Regional administrations At the Directorate-General of ANAS - Ente Nazionale streets At provincial administrations In the municipal administrations At motorway concession All'AISCAT UPI ANCI At prefectures At circulation sections and road safety c / o the central and peripheral administrations of Ministry of public works and, for information: At the Ministry of interior - general Directorate for general administration - research Department for general administration and for legislative Affairs at the Ministry of interior - Department of public safety - traffic police service Ministry of transport the Ministry of finance at the Ministry of the environment at the Ministry for cultural and environmental heritage the general Command of the Carabinieri at the general Command of the Guardia di Finanza the advertising 'street and' governed by art. 23 of Legislative Decree 30 April 1992, n. 285, amended by art. 13 of Legislative Decree 10 September 1993, n. 360, which in the following will be 'indicated conil term Code and Articles 47 to 59 of the Decree of the President of the Republic December 16, 1992, n. 495, modified by Articles 37 to 49 of the Decree of the President of the Republic September 16, 1997, n. 610, which in the following will be 'indicated with the term Regulations. Related transitional rules are laid down by art. 234, already 'Legislative Decree No. 285/1992, amended by art. 127 of Legislative Decree n. 360/1993 and art. 9 of the Decree-Law of 4 October 1996, n. 517, converted, with amendments, into law Dec. 4, 1996, n. 611. Paragraph 10 of Article. 23 of the code 'to the Minister of Public Works the parental authority' to impart, to the owners of the roads agencies, guidelines for the application of the provisions of the same art. 23 and of the rules for implementation of the Regulations. The Minister of Public Works can 'altresi' to have the monitoring of compliance by the provisions of its organs, in particular the staff authorized, pursuant to art. 12, paragraph 3, letter a) of the Code, to carry the traffic police service. This' being said it draws the attention of all government departments and agencies on the address in paragraph 4 of article available. 23 which makes the placement of signs and other advertising means long or in view of the streets to the issuance of a permit. Such authorization and 'released, outside the towns by the owner of the road, and within those centers from the municipality, prior owner entity technical clearance, if the road is not' local. The previous consolidated text of the rules on the regulation of road traffic, approved by Decree of the President of the Republic June 15, 1959, n. 393, and in force until December 31, 1992, he subjected the placement of posters and other advertising media from the towns to the authorization from the entity owning the road. This' However, to date, is denounced by the media, public opinion, associations of environmental protection and territory and by the operators of the advertising industry, the presence of a very considerable number of advertisement billboards erected without the required authorization prior art. 23 of the Code and the provisions previously in force. The presence along the roads and in view of such a 'large number of cartels and other unauthorized advertising media, as well as penalize, even in economic terms, the activities' of those who under the rules require the necessary authorizations, represents a form of evasion of taxes with a significant lower revenue for local finance and is a serious threat for the safety of road traffic. In fact, a significant part of the signs and other advertising media today placed abusivamte are located in non-eligible positions under applicable provisions of the Code and Regulation and thus contrasting with the safety requirements of road traffic protected by the same rules. It is therefore necessary and with this Directive shall require that all entities owners of roads and motorways in concession dealers, proceed to the census, on the roads under its jurisdiction, signs and other unauthorized advertising media under ' art. 23 of the Code or the previous regulations, preparing the report on the density 'advertising art. 53, paragraph 10, of the Regulation. It notes in this context that the statement submitted to the municipalities in accordance with art. 8 of the Legislative Decree of 15 November 1993 n. 507, as amended, it does not replace the required authorization by art. 23 of the code and that the placement of posters and other advertising media can not 'be ricompresa between the activities' which may be taken in accordance with art. 19 of the Law of 7 August 1990. 241, Untitled authorization with a simple complaint of start attivita '. The above observations may be made under subsection 10 art. 23 of the Code, including sections from circulation and road safety established at the central and local administrations of this Ministry, making use of qualified personnel for the completion of the traffic police service, and assuming the necessary arrangements with entities owners of the roads that fall within the territory of their respective competence. To that end the owners of the roads authorities are required to provide the above-mentioned sections, if they so request, all data regarding these positions authorized, recognizing them from the register of authorizations that owners of the roads agencies are required to maintain pursuant to Article . 53, paragraph 9 of the Regulation. And 'appropriate to that audits are carried out on the entire route of each road taken into consideration in order to have useful information on the extent and density' of the phenomenon. The paragraph 11 of article. 23 of the Code provides for installation of unauthorized advertising facilities, the administrative sanction for payment of a sum of ITL cinquecentottantasettemilacinquecento lire duemilionitrecentocinquantamila. According penalty follows, pursuant to the following paragraph 13, the additional sanction of recovery of the locations to be applied in accordance with the procedure laid down in art. 211 of the code that takes a long time and many steps. Pending a revision of legislation which would make more 'timely and effective recovery of the locations, prefectures address will enact, pursuant to the same Article. 211, with the greatest concern possible orders to fulfill the obligation to restore the condition of the premises and will with equal care to examine possible appeals. It being understood that any unauthorized advertising installations represent a potential danger to road safety, those located at or immediate vicinity 'of the intersections, as well as' those that prevent or restrict the timely visibility 'and readability' of road signs, constitute immediate danger to traffic and the circumstances provided for by paragraph 6 of art. 211, therefore, the assessing officer shall immediately transmit to the prefect in a verbal notification. The prefect may order the owner entity direct intervention with recovery of the costs incurred by payment ordinanzaingiunzione issued by the prefect. In regard to the transition period in Article. 234 of the Code at the date of 31 December 1998 it is stated that the same and 'applies only to the duly authorized advertising installations under the legislation prior to the code and do not respect the new provisions introduced by the same code and the Regulation in relation to the places where they are admitted installations and the distances that they have to respect. All signs and other advertising media placed without the required authorizations are abusive than the rules of the code and are immediately enforceable pursuant to art. 23, paragraphs 11 and 13 of the Code as it does not fall under the transitional regime established art. 234. Under the provisions of art. 58 of the Regulation, advertising installations gia 'authorized before the entry into force of the Code and expiring prior to 31 December 1998, the adjustment provisions of art. 234 of the Code must be realized at the time of renewal occurred before 31 December 1998. Finally, in relation to the adjustment of signs and other advertising media, whose term, as mentioned earlier, and 'fixed to December 31, 1998, the streets owners entities are invited to urge the owners of advertising positions expiring after 31 December 1998 and in need of adjustment to present a request to do so by setting a term not after 30 June 1998. the same Committees owners, in the event that requests for new positions found not compatible with each other or not they meet the requirements, will have to have in place by 31 October 1998 a plan of adjustment and simultaneously invite stakeholders to make the move expected by December 31, 1998 . After that date the signs and other advertising media which have not been relocated positions in the concessions by the owner of the road, at the request of stakeholders, or in the positions provided by the adjustment plan, are subject to the penalties provided for by art. 23, paragraphs 11 and 13 of the Code. He confides in the closest cooperation on the part of the ministries in order to address the full deployment and implementation of this Directive, taking into account the importance that the subject matter is within the competence of these Ministries. It also looks forward to a successful and timely action to enforce violations regarding the illegal advertising by all the traffic police authorities, in agreement with the hotel owners and institutions of roads with motorway concessionaires. Likewise, the circulation and road safety sections of this administration are required not only to the action of assessment such as traffic police organs but also the verification of the procedures required by this Directive charged the owners of roads and motorway concessionaires. This will be 'Directive published in the Official Gazette of the Italian Republic. Rome, March 17, 1998 Minister: Registered Costa the Court of Auditors April 3, 1994 No registry. 1 Public Works, page no. 105