Transport by exceptional vehicles or in exceptional conditions: critical issues and solutions

The issue of authorisations
Transport by exceptional vehicles or in exceptional conditions is regulated by article 10 of the Italian Highway Code (“Codice della Strada” or “CdS”) and articles 9-20 of Presidential Decree No. 495/1992, known as the Regulation for the Execution and Implementation of the Code. Over time, the provisions have undergone several amendments, making the Ministry of Infrastructures and Sustainable Mobilities’ intervention necessary for the adoption of directives and circulars clarifying and refining the regulatory framework. Article 10, paragraph 6, of the CdS states that exceptional vehicles and transports must obtain an authorisation from the owner of the road or the concessionaire of the highway, indicating the routes to be followed.

The Regulation provides for three types of authorisations for exceptional transports: periodic, multiple and single. Periodic authorisations allow an indefinite number of journeys within twelve months, multiple authorisations allow a defined number of journeys within six months, and single authorisations are valid for a single journey to be completed within three months.

In the light of tragic events such as the collapse of the flyover of SP 49 on SS 36 in the Province of Lecco, the urgency to claim attention on the compliance with provisions within article 10, paragraph 10, of the CdS, has arisen. This article states that transit authorisations can only be issued if they guarantee the preservation of the road superstructures, the stability of the roadworks and the safety of traffic, clearly indicating the road safety requirements.

Critical issues in the issuance of authorisations
The issuing of authorisations for exceptional transport currently suffers several critical issues, mainly due to application discrepancies between the competent bodies.

One of the main problems, in particular, concerns the management of authorisations by the Regions, many of which do not set up complete lists of provincial and municipal roads that can be used in case of exceptional transport. As a result, applicant Companies have to submit several requests for further permits to Provinces and Municipalities, considerably slowing down the authorisation process and complicating the coordination between the different bodies.

In some Regions, Provinces are in charge of drawing up lists of roads, but the lack of a uniform regional coordination creates disparities in the criteria for releasing the authorisations. While some Provinces still adopt paper-based procedures, others use digital systems. This inhomogeneity, worsened by the absence of updated lists of roads that can be used and the poor digitalisation, makes it difficult to meet the deadlines for issuing authorisations, creating obstacles for the Companies.

In addition to the absence of road registers, there is also the fact that during the preliminary investigations for issuing transit authorisations, adequate checks on the compatibility of loading patterns with the structural properties of the roadworks along the authorised route are often not carried out. Many road owners or concessionaires in fact do not have complete information on the infrastructures, which makes the authorisation process even more complicated.

In order to face the various issues, it is essential to recall the requirements provided for by the legislation, so as to provide the competent bodies and operators in the sector with clear procedures to overcome the difficulties encountered in the issuing process of authorisations.

The 2017 Directive
In consideration of the various application criticalities mentioned above, in 2017 the Ministerial Directive prot. No. 293 of 15/06/2017 was issued, in accordance with the Unified Conference, so as to further regulate the authorisations for exceptional transports and transports under exceptional conditions. The Directive is aimed at simplifying and standardising the procedures for issuing and verifying transitability, through the introduction of operational solutions.

Below are the most relevant ones.

The bodies in charge of issuing authorisations are first of all required to set up and publish the road register of the road network under their control, constantly updating it with data on the technical and legal status of the roads, including the characteristics of practicability.

As provided for by articles 10, paragraph 9 and 10 of the CdS, the bodies are then obliged to carry out a detailed investigation that takes into consideration the characteristics of the transported material, as well as the vehicles and the roads crossed. The final authorisation must precisely specify the routes that are compatible with the transit of the vehicle, avoiding generic formulas. If the route proposed by the operator is unsafe, the body must identify an alternative; if this is not possible, the applicant must propose a new route, while still ensuring that the timetable is respected.

Furthermore, in order to improve the management of authorisations, the Directive underlines the opportunity for the adoption of telematic procedures and the creation of telematic desks (“sportelli unici”), as provided for by article 14, paragraph 1 of the Regulation for the Execution and Implementation of the Highway Code. This should guarantee transparency and efficiency, especially when transit involves roads that are managed by several bodies, ensuring common safety standards.

In short, the Directive therefore is aimed at improving the management system of authorisations and the safety of exceptional transports, by intervening on structural and procedural criticalities, through the standardisation and modernisation of the system with greater coordination between bodies and the use of advanced technologies, to guarantee safety and certain timings for the operators in the sector.

The recent guidelines
In 2022, Ministerial Decree 242/2022 was also adopted, which introduces guidelines for the implementation of Article 10, paragraph 10-bis of the CdS, as amended by Decree-Law No. 146 of 21 October 2021.

The guidelines deal with the same critical issues already identified by the 2017 Directive, such as the compatibility of loading patterns with roadworks and the need for an updated road register to monitor the infrastructures.

In particular, the guidelines set out the modalities for verifying the compatibility of exceptional transport with the safety of road and traffic infrastructures, consistently with the provisions of the guidelines under Article 14 of Decree-Law No. 109 of 28 September 2018 on risk management and bridge monitoring. The guidelines also define the procedures for the issuing of permits for exceptional transport up to 108 tonnes or for indivisible pieces exceeding these limits. This includes preventive checks on infrastructures, periodic checks and transit modes, taking into account the number and frequency of transports.

Despite the reference to several solutions already identified in the 2017 Directive, it has to be pointed out that the effectiveness of the guidelines has been suspended up to 30 March 2025. This leads to the exclusion of an imminent solution to all critical issues encountered in the exceptional transport sector.

Conclusions
Although there have been some amendments to the CdS following the 2017 Directive, and new guidelines have been adopted in 2022 so as to solve the critical issues in the sector, the non-operation of the guidelines makes it difficult to speak about a functional and efficient exceptional transport system in the short term.

The creation, by certain bodies, of telematic desks (“sportelli unici”) for the granting of authorisations, combined with the drawing up of certain road registers, does not, in fact, satisfy the growing need for operational reform in the industry. The exceptional transport system must be considered as a single framework and requires an overall resolution of critical issues, without adopting fragmented solutions.

All that remains, therefore, is to wait until 30 March 2025.

The adoption of a National Plan for Exceptional Transport is also envisaged, which will identify dedicated corridors, ways of monitoring infrastructures, and actions to solve issues, within the limits of available resources or to be borne by users.

source : themeditelegraph