by Leandro Giacobbi
As part of the interventions on road safety for the revision of the highway code recently approved by the Senate and, therefore, soon to come into force, there is art. 12 which regulates the recall campaigns implemented by vehicle manufacturing companies and which, in our opinion, was not sufficiently mentioned in the media comments following the approval of the legislation and which certainly deserves further investigation.
In fact, the art. 12 inserted in the Highway Code the new article 80-bis (Safety recall campaigns) which requires manufacturers to immediately adopt adequate corrective and information measures in relation to all the vehicles they have placed on the market or have registered or which have entered into circulation in the national territory or the European Union, for which it has been assessed the presence of a serious risk to the health or safety of people.
This obligation concerns the following categories of vehicles:
- motor vehicles with at least four wheels used for the transport of passengers (category M);
- motor vehicles with at least four wheels used for the transport of goods (category N);
- the trailers (category O);
applying the provisions of Regulation (EU) 2018/858 which aims to:
- increase the level of quality and independence for vehicle approval and related tests;
- increase checks of vehicles already on the EU market;
- strengthen the overall system with EU supervision.
In any case, following the logic of Regulation (EU) 2018/858, the new article 80-bis requires the manufacturer, 24 months after the start of the recall campaign for the adoption of corrective measuresif you find that the necessary adjustments have not yet been made to a vehicle, the obligation to enter the relevant data in the electronic listwhich will be established at the General Directorate for Motorization of the Department for Transport and Navigation of the Ministry of Infrastructure and Transport, and to ensure its updating.
In particular, in paragraph 4 of the art. 80-bis the legislator specifies that, within 180 days from the date of entry into force of the new legislation, a provision will be issued regulating the methods of access to the electronic list by authorized operators and consultation by police bodies and users.
In some ways, the new art. 80-bis of the Highway Code is undoubtedly positive because it fills a regulatory “void”, especially from the point of view of communication and transparency; in fact, once the electronic list has been created, it will be possible to know the vehicles that still have the defect, the subject of the recall campaign, two years after the start of the campaign itself. With these methods there will be the possibility of evaluating the result of the recall campaign, as an excessively high percentage of vehicles included in the electronic list will constitute “certain” proof that the measures adopted by the manufacturer were not suitable and/or sufficient. Furthermore, as part of vehicle sales processes, even between private individuals, the potential buyer will be able to verify whether the defect – known for the model he wants to purchase – has actually been eliminated.
What is not convincing about the new article 80-bis of the Highway Code. First of all, the limitation on vehicle categories which is certainly connected and due to the “parallel” EU legislation, but which, by excluding the motorcycle sector, automatically determines a different and unjustified treatment between “4-wheeler” customers and “2-wheeler” customers , if you consider that the fleet of motorcycles in circulation in Italy exceeds 7 million units.
Furthermore, a second critical reflection is the sanctioning measure for construction companies that fail to adopt corrective, information and data insertion and updating measures in the electronic list. Indeed, the pecuniary administrative sanction amounts to from euro 10,000 to euro 60,000 for each measure not adopted and it is clear that, compared to the turnover of car companies, it is very little, almost nothing. We remember that the legislator, when he wants to “hit” the “strong” subject for consumer protection, has already used very high financial penalties in the past; think of the sanction foreseen for the evasion of the obligation to contract by insurance companies regarding RCA which, if implemented with reference to certain territorial areas or individual categories of insured persons, amounts to a minimum of 1,000,000 euros to a maximum of 5,000,000 euros (art. 314 Private Insurance Code). Perhaps, more courage would have been needed, taking into account the sensitivity of the matter, given that the legislation requires the presence of a serious risk to the health or safety of people.
The third perplexity is the administrative pecuniary sanction that the art. 80-bis provides for those who circulate with a vehicle present in the electronic list. In fact, the penalty referred to in Article 80, paragraph 14 is applied, which is the one provided for when a vehicle is in circulation which has not been submitted to the required inspection and which amounts from €173 to €694. The legislator’s reasoning is that circulation, after 2 years from the start of the recall campaign with the consequent registration of the vehicle in the electronic list, is due to a deliberately non-compliant attitude of the owner of the vehicle itself. In truth, the largest safety recall in the automotive sector is currently underway regarding the possible risk of uncontrolled explosion of the airbag system, produced by the supplier Takata. Well, many consumers have complained about the lack of courtesy cars, therefore, it is not certain that the lack of control is always entirely attributable to the end customer. It is obvious that it is essential for social security to provide a sanction that encourages the owner of the vehicle to act with due reactivity, but perhaps the law could already provide an alternative to avoid having to resort to the competent judicial authority to obtain cancellation of the sanction .
* How will the metaverse impact the economy and the way we work?
## Navigating the Metaverse: Expert Insights on the Future of Virtual Worlds
**Meta Description:** Dive into the metaverse with leading technologists, exploring its potential impact on society, economy, and our everyday lives. Learn about the challenges and opportunities ahead.
**Featured Image:** Placement at the top of the article, depicting a futuristic cityscape within a virtual reality headset.
**Alt text:** “A person wearing a VR headset exploring a vibrant, futuristic cityscape within the metaverse.”
The metaverse, a persistent and immersive digital world, is captivating the imagination of entrepreneurs, tech giants, and everyday users alike. But what does this groundbreaking technology truly hold for our future? To shed light on this rapidly evolving landscape, we spoke to leading experts in the field.
Joining us are **Dr. Anya Sharma**, a renowned sociologist specializing in digital communities, and **Ethan Carter**, Chief Technology Officer of Immersive Innovations, a leading VR development company. Together, they offer insightful perspectives on the metaverse’s potential, challenges, and impact on our lives.
### The Metaverse: More Than Just Games
**### What defines the metaverse beyond just virtual gaming platforms?**
**Dr. Sharma:** “The metaverse transcends gaming. Think of it as a convergence of digital & physical realities. It’s an interconnected network of persistent, shared virtual spaces where people can interact, work, learn, create, and socialize in immersive ways.”
**Ethan Carter:** “Exactly. Imagine attending virtual conferences, collaborating on projects in shared 3D environments, or even attending concerts with friends from across the globe, all within a richly detailed digital world. The metaverse offers unprecedented opportunities for connection and experience.”
### Economic Impact and the Rise of Virtual Assets
**### How do you see the metaverse impacting the economy and the way we work?**
**Ethan Carter:** “The metaverse presents a paradigm shift for businesses. We’re seeing the emergence of new job roles like Metaverse architects and digital asset creators.
Virtual real estate is booming, and companies are investing heavily in virtual storefronts and experiences. NFTs, or non-fungible tokens, are playing a crucial role in proving ownership and authenticity of virtual assets.”
**Dr. Sharma:** “It’s also important to consider the potential for economic inequality. Access to VR technology and the digital literacy needed to navigate these virtual worlds will be key factors in determining who benefits most from the metaverse.
We need to ensure equitable access and inclusive metaverse development to avoid exacerbating existing societal divides.”
* **Internal link opportunity:** Learn more about the evolving landscape of NFTs [link to relevant World Today News article about NFTs].
### Ethical Considerations and the Future of Privacy
**### What are some of the ethical considerations we need to address as the metaverse evolves?**
**Dr. Sharma:** “Privacy and data security are paramount concerns.
**”How will our data be used and protected within these virtual environments? We need transparent regulations and user control over personal information.”**
**Ethan Carter:** “There’s also the question of identity and representation in the metaverse.
Will it be a platform for inclusivity and diversity, or will we see the replication of existing societal biases?”
**Key Takeaways:**
* The metaverse is more than just gaming; it represents a convergence of digital and physical realities.
* The economic impact of the metaverse is significant, with the potential to create new jobs and industries.
* Ethical considerations such as privacy, data security, and inclusivity are crucial to address as the metaverse evolves.
**Looking Ahead:**
The metaverse is still in its early stages, but its potential is undeniable. As we continue to explore these virtual worlds, it’s essential to engage in thoughtful conversations about their impact on society, the economy, and our future.
**What are your thoughts on the metaverse’s potential? Share your insights in the comments below.**
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**Explore related topics:** Click here to learn more about virtual reality, augmented reality, and blockchain technology.
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