Rental car, company jointly and severally liable for driver fines

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Servicethe sentence

The Cassation recognizes that the objective of the rule is to ensure the payment of penalties, given the great variance of drivers

by Patrizia Maciocchi

Virus overwhelms Hertz, the rental giant in bankruptcy

The Cassation recognizes that the objective of the rule is to ensure the payment of penalties, given the great variance of drivers

2 ‘of reading

The vehicle rental company is jointly and severally liable for the fines that drivers take. The Cassation (judgment 9675) starting from this principle, rejects the appeal of the Avis called into question by the Municipality, to pay Equitalia’s file for violations of the Highway Code. Without success the owner of the vehicle claimed that if anything there is a joint and several liability between the driver and the person who rented the car, if they are not the same person. In addition, the applicants pointed out that they had communicated to the Municipality, as soon as they received the contestation reports, the names of those who had rented the vehicles involved, thus putting him in the condition to trace them. For the Cassation, however, the judgment on the merits is correct.

Article 196 of the Highway Code
The Court had, in fact, specified that article 196 of the Highway Code, in the case of rental, also adds the lessee of the vehicle to the driver and owner. A forecast justified by the extreme variability of the subjects who may have the availability of the vehicle. In addition, the judges point out that the rental company can transfer the risk of payment to the customer. The Supreme Court recalls that the rental relationship concerns only the lessor and the lessee whose name is known only to the first.

The goal of the standard
The objective of the norm Objective of the norm – conclude the judges of legitimacy – is to ensure, through the ownership of a right, adequately and easily ascertainable, the payment of the sanction. It is also irrelevant that the company communicated the names of those who had “rented” the car, because the law identifies the owner as jointly responsible. And this allows the Municipality to make a claim against it.



Source link
https://www.ilsole24ore.com/art/auto-noleggio-societa-responsabile-solido-le-multe-conducente-ADz2mOT

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