MILAN – From May 4 Phase 2 of the Covid-19 emergency starts in Italy, which also foresees the reopening of the automotive sector activities that deal with “wholesale and retail trade and repair of motor vehicles and motorcycles” (ATECO code 45 ) and which therefore allows the regular performance of both the dealers who carry out wholesale sales and those who carry out retail sales. These are almost 157,700 active businesses(1) in the 1st trim. 2020 on the national territory ready to start again.
However, there are many doubts that citizens have about it, especially because of the limitations for travel: will a dealer be able to visit? Where is it? And try a car at home? Record ownership changes? Receive the cars?
Questions and answers
For this reason AutoScout24 (www.autoscout24.it), the leading European site for car and motorbike advertisements, involved the Morpurgo e Associati Law Firm, specialized in labor law and safety at work, to give answers to frequently asked questions. and be at the side of its dealers and users.
Here are some questions in the document created by the Morpurgo and Associates Law Firm for AutoScout24.
Can private citizens or not go to the dealership to buy and / or test a car? If yes, only within the region? According to the interpretation, yes, as for other commercial activities (newsagents, tobacconists, etc.) it will be possible to visit the dealerships, provided within the limits of the shortest route, only in your region, with self-certification and keeping the distance of at least 1 meter among the people.
And here's why. Even with the Prime Ministerial Decree of 26 April 2020, travel is allowed only for “proven work needs or situations of necessity or health reasons”, and lastly, also “to meet relatives”. The problem therefore arises of who can go to the dealership.
On this point it seems appropriate to report below what has been stated by the Government, on its website, among the frequently asked questions on the measures adopted (although not yet updated to the latest Prime Ministerial Decree), in relation to travel:
«Going to any of the open commercial activities (eg newsagents, tobacconists, bookstores, stationery shops etc.) is a legitimate reason for moving? Yes, the movement is allowed, provided that it is within the limits of the shortest route. Open commercial activities must be considered essential on the basis of current emergency regulations, therefore the purchase of goods and services supplied by them is configured in terms of necessity. Consequently, in the event of any checks, this reason for movement must be declared in the forms and with the methods of self-certification and in any case the interpersonal distance of at least 1 meter from each other person must always be respected “.
According to the interpretation that appears more plausible than the new Prime Ministerial Decree, the aforementioned indications are to be considered applicable also to the activities carried out by car dealerships. However, it should be borne in mind that it is forbidden to move outside the region in which you are located, except always for proven work needs, of absolute urgency or for health reasons.
Can dealers deliver the cars to the customer? Or organize car tests at home? In both cases, yes, there are no explicit prohibitions.
On the basis of the current provisions, there is no explicit prohibition on delivering the cars to the customer's home. Even for test drives there is no ban on home tests. It is therefore to be considered that these are permitted activities (naturally in full compliance with current health legislation).
Can dealers deliver the car with a car transporter within the region? And outside the region? Yes, both in the region and outside the region because the transport of goods is considered a job requirement.
The car delivery activity was authorized with the Prime Ministerial Decree of 10 April 2020 where, in the list of authorized activities, there is the ATECO 49 code referring to “land transport and transport by pipelines”, which includes the ATECO code 49.41.00 referring to «road freight transport» and in whose description of activity there is also «car transport». The transport of goods is considered a working requirement, and therefore, goods can also enter and leave outside the region.
Can changes of ownership be made and registered? Yes, changes of ownership are allowed.
The Cura Italia decree established the extension to 31 October 2020 of the validity of the replacement receipt of the registration certificate issued by the car registration agencies on the occasion of a transfer of ownership.