Bolzano – alcohol on the slopes can be just as devastating as alcohol at the wheel. However, an alleged oversight by the legislator in Article 379 of the renewal of the Traffic Code means that “intoxication” is defined differently in the two cases. A Bolzano skier who was out and about in the Obereggen ski area benefits from this.
Article 186 of the Road Code stipulates an alcohol limit of 0.5 grams per liter in the blood. However, Article 139 of the same regulations has increased the limit to 0.8 grams. With a legislative decree, the safety rules in ski areas were revised last year – including in connection with alcohol consumption. Article 139 of the Road Code is expressly referred to here.
This was underlined by the lawyers Nicola Nettis and Ernes Cuccarollo, who represented a Bolzano skier in court who had been stopped by the Carabinieri in the Obereggen ski area. An alcohol test showed that the man had 0.71 grams per liter in his blood. A fine of 1,000 euros was imposed on the Bozner, reports the Italian daily Alto Adige.
However, he has filed an appeal with the government commissariat, which has now been granted. The penalty is then annulled.
The lawyers argued that the legislative decree introduced new safety norms for skiing, which, among other things, refer to Article 379 of the updated Road Code Regulations. It cannot be ruled out that there will be further appeals in the coming weeks due to similar cases.
By: mk
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