On January 12, 2022, Legislative Decree No. 213 (L.D. No. 213) entered into effect in Italy, amending Legislative Decree No. 35 of March 15, 2011 (L.D. No. 35) and implementing EU Directive 2019/1936 on road infrastructure safety.
Application of New Road Safety Procedures
L.D. No. 213 sets forth procedures on road safety impact assessments for infrastructure projects, road safety checks, road safety inspections, and the assessment of road safety at the network level. (L.D. No. 35 of March 15, 2011, art. 1, substituted by L.D. No. 213, art. 1(1).)
L.D. No. 213 applies to roads that are part of the Trans-European Transport Network, motorways, and main roads, whether in the planning stage, under construction, or already open to traffic. (L.D. No. 213, art. 1(2).) L.D. No. 213 also applies to roads and road infrastructure projects in service areas located outside urban areas that have received European Union (EU) funding, except roads not open to general car traffic, such as cycle paths, or access roads to industrial, agricultural, or forestry sites. (Art. 1(3).)
National Digital Archive of Public Works
The National Digital Archive of Public Works (È istituito l’Archivio Informatico delle Opere Pubbliche, AINOP) constitutes the national spontaneous reporting system, accessible online to all road users, that has been established to facilitate the collection of detailed information on events transmitted by road users and vehicles related to road safety that users perceive as a real or potential risk to the safety of the road infrastructure. (L.D. No. 35 of 2011, art. 6-quinquies(1), added by L.D. No. 213, art. 5(6).)
Components of Studies and Assessments of Periodic Road Infrastructure
Periodic road safety assessments must contain provisions concerning pedestrians, cyclists, users of two-wheeled motor vehicles, pedestrians at cycle crossings, and the separation of pedestrians and cyclists from high-speed car traffic or the existence of other alternative routes on lesser roads. (L.D. No. 35 of 2011, exhibit II(1)(d-bis) on Indicative Components of Road Safety Controls, added by L.D. No. 213, art. 11(1)(b).)
Additionally, studies on road safety must consider other components of road safety assessments at the network level. (L.D. No. 35 of 2011, exhibit III(11.1) on Indicative Components of Road Safety Assessments at the Network Level, substituted by L.D. No. 213, art. 13(1).)
Notices to the EU Commission
The Italian Ministry of Sustainable Infrastructure and Mobility is charged with sending to the European Commission the list of the motorways and main roads existing in the national territory. (L.D. No. 213, art. 1(5).) Also, on October 31, 2025, and every five years thereafter, that ministry must also provide a report on the safety classification of the entire network, including technological improvements and the protection of vulnerable road users. (L.D. No. 35 of 2011, art. 9-bis, added by L.D. No. 213, art. 8(1).)
An initial road safety assessment at the network level is to be carried out by the Italian transportation authorities in or before 2024 and at least every five years thereafter. (L.D. No. 35 of 2011, art. 5(3), substituted by L.D. No. 213, art. 3(1).) At any rate, the same authorities must carry out periodic road safety inspections with sufficient frequency to guarantee adequate levels of safety for the road infrastructure subject to L.D. No. 213. (L.D. No. 35 of 2011, art. 6, para. 1, substituted by L.D. No. 213, art. 4(1)(b).)
Protection of Vulnerable Road Users
L.D. No. 213 also contains provisions for the protection of vulnerable road users. (L.D. No. 35 of 2011, art. 6-ter(1), added by L.D. No. 213, art. 5(6).)