Terminal operators' and port companies' associations have highlighted that new motor vehicles not yet registered that are disembarked and embarked in ports shall be considered as all merchandise effects, while the recent provisions governing the Authorisation for the test circulation of these vehicles risks to remove port companies and authorised undertakings for this type of operation.

In a note, the Italian Port & Terminal Association Operators (Assiterminal) and the National Association of Companies Port Enterprises (ANCIP) have denounced the effects on these companies produced by the circular of 2 May 2024 of the Ministry of Infrastructure and Transport (Department for Infrastructure and Transport) Transport and Navigation - Directorate-General for Motorization) which provided the relevant operational indications the new provisions on the test circulation of vehicles, and in particular the provisions providing for a number of the maximum number of authorisations that can be issued to each of the persons authorised to hold the authorisation to test circulation, which must be commensurate with the number of employees as well as the number of employees participate in the business on a permanent basis.

'The new provisions, as drafted and applied (also in the light of the operating instructions) - have explained Assiterminal and ANCIP - do not seem to take due account of the of the relevant issues generated by them in the context of the port operations and services pursuant to Article 16 of the Law of 28 January 1994, No 84, with specific regard to port undertakings, or for this purpose authorised to carry out vehicle handling activities (goods) disembarking or embarking from ships, which in the various ports Italians take care of the handling and shuttle of the cars not yet registered (so-called "cars in the policy"); These vehicles - the associations have specified - are at all effects "goods" unloading/embarking on ships and in similar to any other type of goods, such as This is therefore also subject to appropriate insurance coverage of the ship cargo. These vehicles, in fact, arrive at the ports on board of ro-ro vessels and, prior to placing on the market, of the automotive industry, need to be loaded/unloaded and stored temporarily in port areas, i.e. in back-port areas outside the port operating areas, while waiting for the next transport to dealerships by car transporters. At it context, test circulation is/was indispensable for Port companies (authorised pursuant to Article 16 of Law no. 84/1994) on the road route (public, operational, mixed) It connects the port operational areas to the parking areas cars, usually located outside the port operating context; so much, also in view of the fact that the cars covered by the insurance must be transported employees of port companies and may not be loaded onto car transporters in the (limited) operational areas so as not to give rise to congestion and dangerous operational interference'.

Specifying that, therefore, 'the various port undertakings affected by this type of processing currently have a number of test plates that takes into account the high volume of vehicles to be handled on the occasion of the arrival/departure of vessels', The two associations pointed out that the recent provisions, 'As a result of the parameterisation of the low number of employees of these undertakings', will lead to 'a significant reduction (indeed, a real reduction) in the number of test driving licences that can be issued to the port undertakings'.

"This phenomenon - underlined Assiterminal and ANCIP - will entail the following risks for the port sector as a whole, serious and concrete problems: slowing down the execution of operations with a consequent lengthening of the duration of the activities loading/unloading of the cars covered by the policy and reduction of the productivity guaranteed today by port users in the automotive sector; Increased dwell time of ships Ro-Ro in ports as well as delays compared to current timing, with negative effects on the - already limited - accommodation capacity of port facilities; traffic jam of port operating areas - already limited in the most Italian airports -, with an increased risk of accidents and/or damage to persons and/or things operating there and/or present during the execution of port activities; loss of job opportunities for port companies, which will not be able to continue to ensure the same operational standards and will need to suffer the initiatives of the chargers/receivers of the cars in policy, with negative effects on the competitiveness of port companies themselves (and Italian ports in general) as well as employment levels and local social dynamics'.

Assiterminal and ANCIP have therefore called for the exemption of port undertakings from the application of the rules laid down for the authorisation of test driving, pursuant to art. 1 of the Presidential Decree 474/2001, if the activity of transferring vehicles takes place within the port areas or in the immediate areas of the and the parameterization of the number of test plates - leasable to them - the number of employees of each company.