Administrative car arrest 2023, what is it and how does it work?

The administrative seizure of a vehicle is nothing more than a guarantee on a debt that must be paid.
Usually it is issued by the collection body (the Revenue Collection Agency) and entails a traffic ban for the vehicle.
The administrative arrest (also called car arrest) on the vehicle is triggered when there are unpaid tax bills as a precautionary procedure which then becomes enforceable, to guarantee the sums due.
Let's see how administrative detention works and how cancellation or suspension can be proceeded with.
Administrative car arrest 2023, what is it and how does it work? Administrative car arrest: what is it and what does it involve? When does one incur administrative vehicle detention? In which cases can administrative vehicle detention not be applied? Administrative arrest: the innovations introduced in recent years How to check if there is an administrative arrest on your car Cancellation of the administrative arrest of your car Must the vehicle subjected to vehicle arrest be insured? Administrative car arrest: what is it and what does it involve? If a tax bill is delivered by the Revenue Collection Agency, or by any other body responsible for collection, and it is not paid within 60 days, a precautionary and then executive proceeding is triggered to block motor vehicles.
These are the so-called fiscal jaw procedures, activated following the insolvency of a debt to protect the creditor.
The object of the freeze are all motor vehicles registered in the debtor's name: cars, motorbikes, scooters, agricultural machinery, buses, etc.
The arrest entails the ban on road circulation, the impossibility of removing the vehicle from the Public Automobile Registry (PRA), of demolishing it or exporting it abroad.
There is only one case which is an exception: it is possible to proceed with the scrapping/demolition of the vehicle with cancellation from the PRA if the vehicle is missing some essential elements (engine, tyres, body parts) or if it has suffered significant damage following a fire or road accident.
The vehicle can be sold, but the prohibitions will remain in force for the new owner until the debt is repaid.
Anyone who violates the rules incurs an administrative fine ranging from 1,984 euros to 7,937 euros (amount updated by art.
1, paragraph 1, Ministerial Decree 31 December 2020, starting from 1 January 2021), in addition obviously to the seizure of the vehicle .
When does one incur administrative vehicle detention? Administrative stops are imposed only for debts that exceed an amount of 800 euros.
The procedure provides for a formal communication to the debtor through a notification of advance notice of the administrative seizure for a motor vehicle of the debtor.
Then there are three specific cases: debts between 800 and 2,000 euros: administrative detention on a single vehicle; debts between 2,000 and 10,000 euros: maximum 10 vehicles stopped; debts over 10,000 euros: the debtor's entire fleet of vehicles may be subject to seizure.
For debts under 1,000 euros, two payment reminders must be sent, the first 120 days after the notice.
In which cases can administrative vehicle detention not be applied? There are cases in which, although there are tax debts, it is not possible to register the administrative seizure on the car.
They occur if the vehicle is used for work or if the vehicle is necessary for the transport of disabled people.
How to behave in these cases? The Revenue Agency underlines that in the event that the car stoppage is registered on a vehicle used for the transport of disabled people it is necessary to present the F3 form "Application for cancellation" at the Agency's counters, or by registered mail with return receipt.
notice-cancellation of the car for use by disabled people", attaching the necessary documentation to certify the use of the vehicle for the transport of disabled people.
However, in the event that the vehicle is used for work reasons, according to the law (art.
86, paragraph 2, Presidential Decree no.
602/73) the administrative detention is not registered if the owner, within 30 days of receiving the notice of registration, demonstrates that the vehicle is instrumental to the business or profession.
You can request cancellation of the detention both if the vehicle is registered to a natural person or a legal person.
The important thing is that the vehicle is relevant to the business or professional activity.
Also in this case, to obtain the cancellation of the administrative detention it is necessary to present at the counters, or send by registered letter with return receipt, the F2 form "Application for cancellation of notice of detention of instrumental goods", attaching the necessary documentation to certify the instrumentality of the vehicle.
read also Administrative arrest: in which cases can one move? Administrative arrest: the innovations introduced in recent years To cancel the administrative arrest it is necessary to pay off the debt.
But if you choose the path of paying the debt in installments with the payment of the first instalment, the administrative stop is suspended, to be definitively canceled only when the last installment is paid.
read also Administrative arrest, scrapping frees the vehicle, but not immediately How to check if there is an administrative arrest on the car To check if there is an administrative arrest on the car you can make a request to the ACI for a vehicle inspection plate.
Alternatively, you can log in, with Spid or Cie credentials, to the Aci online portal to request the Digital Ownership Certificate, which provides all the information on the vehicle.
The cost of the application is 6 euros, you can proceed with the request online or at ACI offices or car application agencies.
So if you are about to buy a second-hand car, before purchasing, make sure by looking at the license plate that it has not been arrested.
Cancellation of the administrative detention of your car For the cancellation of the administrative detention from 1 January 2020, important changes have come into force.
The same are contained in Legislative Decree no.
98/2017.
This provides that, once the payment of the amounts due has been made, in the event of payment of the same in installments at the time of payment of the last instalment, the measures for lifting the administrative hold are notified electronically by the Collection Agent to the PRA Information System.
This means that the taxpayer no longer has to take action to request cancellation as the collection agent/dealer will do so automatically.
For measures to revoke administrative detention issued before 1 January 2020, the old procedure is in force.
Once the debt has been paid, or the first installment of the installment has been paid, you must obtain the payment certification from the Collection Agent and go to the PRA.
Here you will need to provide the vehicle data, the credit amount and the certificate of ownership of the vehicle subject to a precautionary and executive measure for which cancellation of the administrative detention is requested.
The cost of the procedure is 32 euros, stamp duty.
Instead of the Vehicle Ownership Certificate you can use the NP-3 form, but in this case you will have to pay 48 euros.
read also How much does it cost to remove administrative vehicle detention? Does the vehicle that has been seized need to be insured? The vehicle subjected to administrative detention cannot circulate and it is mandatory to keep the vehicle in a private area or in a garage, it cannot be parked on public land.
It follows that the owner can suspend the RCA for the period during which the vehicle is subject to lien.
If the vehicle has a significant value, it may be useful to take out a policy to protect against other risks, for example fire risk, but these are personal choices, not obligations.
read also Administrative detention and tax detention, the differences