New Highway Code-Art. 9-Racing Road. Circular On The Competition Program To Be Held In The Year 2015.

Original Language Title: Nuovo codice della strada - Art. 9 - Competizioni motoristiche sustrada. Circolare relativa al programma delle gare da svolgersi nelcorso dell'anno 2015.

Read the untranslated law here:

The Ministry of the Interior-Department of public safety-Rome at all Territorial Government Offices-Prefectures-Regional Administrations-Their headquarters seats to the Administration of the autonomous province of Bolzano-Bozen to the administration of the autonomous province of Trento-Trento Provincial Administrations-their seats At municipal administrations-their headquarters At ANAS-head office-Ispett. 2-Uff. 4 '-Via Monzambano, 10-Rome Compartments roads-ANAS-their headquarters To Regional school districts for public works-their headquarters At Territorial directorates-their homes The C.S.A.I. (Commissione Sportiva Automobilistica)-Via Solferino, 32-Rome To F.M. I (Federazione Motociclistica Italiana)-Viale Tiziano, 70-Rome 1. PREMISES art. 9, paragraph 1 of the Legislative Decree of April 30, 1992, # 285, as amended, hereinafter referred to as the new highway code, stipulates that the sporting competitions, with vehicles or animals, and athletic competitions can be held on roads and public areas, only if duly licensed. In the permissions are set out the requirements under which the races are subordinated. For competitions with motor vehicles the authorization is issued, after hearing the member associations competent sports and giving timely information to the public security authorities, in accordance with the provisions of art. 162 and 163 of the Legislative Decree March 31, 1998, # 112:-from the regions and the autonomous provinces of Trento and Bolzano on the streets that make up the network of national interest;
-by regions for regional roads;
-from the provinces for provincial roads;
-by municipalities for municipal roads. Therefore, this circular is mainly directed to institutions that authorise the races, regions, provinces and municipalities, without prejudice, in accordance with art. 7 of the D.P.C.M. September 12, 2000, the support activities carried out by the prefectures. In the case of motor racing involving roads belonging to different entities, the procedure for granting authorisations remains as outlined by invoked articles. March 31, 1998, 162 and 163 of the Legislative Decree n. 112, and more specifically the permissions are:-the regions and autonomous provinces of Trento and Bolzano to carry out competitions with motor vehicles, motorcycles and mopeds on ordinary roads belonging to the national road network;
-regions for racing on regional roads and for competitions involving more provinces and municipalities;
-the provinces for racing on roads and for competitions involving more common;
-the communes exclusively for racing on roads. For competitions involving more Regions or provinces and municipalities from different regions, the authorisation can be issued by the region where the competition. In line with what is expressed in art. 9, paragraph 2, of the new highway code, the entity that authorizes acquires the authorization of the other owners of roads on which to unfold the race. The discipline in question applies only to events involving the unfolding of a race intended as competition between two or more competitors or teams to outdo each other and where it is provided for the establishment of a ranking. Don't fall so in that provision demonstrations which have no competition. For they shall survive the usual authorisation procedures provided for in title III of Royal Decree May 6, 1940, no. 635, regarding: "approval of the regulations for the implementation of Act June 18, 1931, n. 773 public safety laws". In order to operate a streamlining of procedures will be preparing, by 31 December each year, a program of competitions to be carried out over the next year on the basis of proposals made by the organizers, through the competent national sports federations (Italian automotive sport Commission and the Italian motorcycle Federation). For all motor racing taking place on streets and public areas, as defined by art. 1, paragraph 2, of the new highway code, by the regions or local authorities, hereinafter referred to as competent Authorities, promoters, as provided for by art. 9, paragraph 3, of the new highway code, must first apply for the permit to the Ministry of infrastructure and transport, Department for transport, navigation, General Affairs and personnel-General Directorate for road safety. Do not fall within the scope of these guidelines the races that take place off-roading, though for transfers are covered ordinary roads in compliance with traffic rules of the new highway code and those that take place over short temporary circuits, karting races, races on frozen footsteps, formula challenge, gymkhanas, minibike racing , supermotard and similar as long as travel speed reduced. In the course of all aforementioned competitions, for reduced travel speed is a speed for the entire journey, less than 80 Km/h, as exceeding that threshold would in fact fall within the event between the ordinary speed competitions. The authorization of the Ministry of infrastructure and transport may not be required for rallies and demonstrations of regularity amateurs with speed all the way under 80 Km/h, and for tactical driving events (slalom) held on special paths of length limited (less than 3 Km), specially equipped to highlight the ability of competitors (succession of strokes that have to reduce speed by requiring deviations of trajectory and speed connection free sections no longer than 200 meters), with average speed on the entire journey not exceeding 80 Km/h, as long as we do not create restrictions on public transportation and to ordinary traffic. Also in this case the respective thresholds are exceeded in speed would fall between ordinary motor racing events. Everything related with all evidence as set forth in art. 9, paragraph 3, of the new highway code, because the clearance is necessary for the purposes of an assessment of competence limitations and constraints to the normal movement in the case of competitions. Obviously, in order to grant permissions to the competitions ', must be always complied with the procedures set out in art. 9, paragraphs 4 and 6, of the new highway code and those of later recalled. Speed competitions are not allowed to be held on street circuits, whose effects can create discomfort or be a hindrance or obstacle to urban mobility of vehicles and pedestrians and traffic safety, and in particular of the urban transport. It is necessary that the competent Authority, whatever the type of sporting event, acquires the prior opinion of C.O.N.I. expressed by these national sports federations. What also verify the "sporty" competitions, in which context it appears logical to bring all the features that ensure, in terms of the type of race, but also of the professionalism of the organizers, the basis for a development of the initiatives ordered in accordance with safety standards. The prior opinion of C.O.N.I. It's not required for regularity events involving vehicles under art. 60 of the new highway code, as long as the speed set is all the way under 40 Km/h and the event is organized in accordance with technical standards-Federation of sports competence. 2. PROGRAM-procedures on the basis of experience in previous years, we formulate the following considerations to provide a useful and interested administrations to address uniform acts of jurisdiction. We recall in this regard the administrative and criminal liability for organizations that may issue authorisations to conduct competitions without the acquisition of documentation, clearance and inspections required. The General Directorate for road safety, on the basis of the proposals of the organizers, transmitted via the competent national sports federations, which guarantee the sporting character, adopted the program attached to this circular, after checking that the conditions laid down in art. 9, paragraph 3, of the new highway code. In the case of a motoring competition not provided for in the annual programme, in accordance with the provisions of art. 9, paragraph 5, of the new highway code, the organizers must seek authorization from the Directorate General for road safety at least 60 days before the race, giving reasons for the non-inclusion in the program. The request for authorization must be accompanied by the following documentation: a) a report containing the lists and descriptions of the roads affected by race, methods of carrying out the same, expected travel times for individual flights, the expected average speed, any limitations on the public transport service, any guidance on need for closure of ordinary road sections and its duration as well as any further news deemed useful to better identify the type of event and the body or bodies competent for granting the authorization;
b) a map of the race course where, if conditions are road routes closed to traffic, have highlighted the alternative routes for the ordinary traffic;
c) Regulation;
d) positive opinion of CONI, expressed through the approval of the competent visa national sports federations, that is proof that the event is organized in accordance with technical standards-Federation of sports excellence for the events referred to in the last period of paragraph 1;
e) the receipt of payment of the amount due, payable to 66782004 on DC postal Ministry of infrastructure and transport, Via Caraci, 36, 00157 Roma, technical administrative operations of the Ministry of infrastructure and transport, as provided for by art. 405 (table VII. 1, points C and D) of P.r.decree December 16, 1992, # 495, as updated by Decree of the Minister of infrastructure and transport # 559 of December 23, 2014;
f) declaring that the speed and the special stages included in regularity rallies do not affect population centers, which is the claim of the municipality which includes the towns affected by these events that take place in the same uncomfortable or is not a hindrance or obstacle to urban mobility of vehicles and pedestrians and traffic safety, and in particular of the urban transport. The General Directorate for road safety does not guarantee the issuance of ministerial authorization for instances whose documentation is incomplete, even ' presented in accordance with the schedule. The issue of authorization, which is the denial to the carrying out of competition, it is forwarded to the competent institution to issue permission for subsequent fulfilment. In accordance with art. 9, paragraph 5, of the new highway code, the competent Authority may authorise, for supervened and justified necessity, duly documented, moving the date of making a race scheduled in the program, at the request of the competent sports federations, giving notice of variation to that Directorate-General. For the purposes of the authorisation of the competent Authority, at least thirty days prior to the race, organisers must advance request at the same institution. At the time of presentation of the petition organizers must demonstrate that they have entered into a contract of insurance for civil liability, pursuant to art. 124 the Legislative Decree of September 7, 2005, n. 209, which also covers the responsibilities of the Organization and other obligated for damages however caused to roads and related equipment. The instance must be explicitly declared the expected average speed for the race to be held either on roads open to traffic, both on those closed to traffic. The same instance it is advisable that accompanied by the authorization of the institution or of the owners of the roads, on which must be carried out the race. This permit can be acquired directly by the competent institution in the course of investigation time for granting the authorization. It should be noted that, in accordance with art. 9, paragraph 7 (a), of the new highway code, if, for particular requirements linked to the performance of the route, which is plano-altimetric on the number of participants, is necessary road closure, the validity of the authorization is subject, where necessary, the existence of a measure of temporary suspension of movement in transit, pursuant to art. 6, paragraph 1, or, in the case of the town, with art. 7, paragraph 1, of the new highway code. After hearing the competent federations, the competent authority may grant authorisation for the carrying out of the competition, subject to compliance with sports and technical safety standards (such as those issued by these federations), of other specific technical requirements and successful completion of the test of the race and related equipment, when it is due or deemed necessary. In this respect it helps clarify that, in accordance with art. 9, paragraph 4, of the new highway code, testing of the race it is mandatory in the case of speed races and in the case of regularity races for stretches of road on which they are permitted medium speed over 50 Km/h or 80 Km/h, if, respectively, open or closed to traffic. In this way it clarified the correct interpretation of the term "average speed" in the case of regularity races where in a single section of the race is whether free speed and regularity stages on closed to traffic. In other cases, the test may be omitted. Testing the path, both in cases where it is prescribed, that in cases where the relevant body, falls within the discretion it is performed by a technician of the latter which is required at the proprietors of the road if the road concerned is owned by the relevant body to release. Within the meaning of article. 9, paragraph 4, of the new highway code, testing of course assist the representatives of the ministries of infrastructure and transport and the Interior, together with representatives of sports bodies and competent organizers. As regards the representation of the various administrations, the competent national authority which is the owner of the road shall indicate the date of testing and requires the closest Office of such administrations to appoint their representatives. Respect the deadlines set for the submission of the instances it is essential to be able to perform all tasks related to the achievement of the permissions. At the end of each race, the competent body shall promptly communicate to the Ministry of infrastructure and transport, Department for transport, navigation, General Affairs and personnel-General Directorate for road safety-the results of the competition, specifying any shortcomings in relation to the authorisation and the occurrence of incidents or accidents. In the absence of communication by the end of the year, will be ' tacitly that the competition has taken place regularly without any relief, including for the purpose of preparing the schedule for the following year. 3. Authorization of the Ministry of infrastructure and transport were discussed and defined the proposals made by the organizers via the C.S.A.I. (Italian automobile Sports Commission) and F.M.I. (Federazione Motociclistica Italiana) in preparing the program of motor racing and motorcycle racing for the year 2015. The proposals, as set out in Annex A are related to races already during the previous year, and for which the General Directorate for road safety granted the permit having verified the absence of serious limitations on the public transport service, as well as to ordinary traffic as a result of the unfolding of the races themselves. For races outside specific investigation will proceed to schedule for issuing the authorization for every single race (Annex B). The programme in Annex A is valid for racing in the same configuration. Not permitted to integrate or engage in more date an event already enrolled in the program, or operate subdivisions thereof. Any splits can be counted as unforeseen races in the annual programme.
Rome, January 14, 2015 Deputy Minister: Nabil Recorded the Court of Auditors on 1 St February 2015 control Office acts Ministry of infrastructure and transport and Ministry of the environment, protection of land and sea, sheet # 692