The Council of State rejected the appeal of the municipality of Florence regarding the provision, dating back to August 2021, which provided for the extension of the obligation to use helmets for electric scooters also to adults
A ruling by the Council of State has officially canceled the provision with which the municipality of Florence, in August 2021, extended the obligation to wear helmets when driving electric scooters also to those over 18 years of age. Palazzo Spada has in fact rejected the appeal presented by the Tuscan municipality. The decision to extend this obligation was made in December 2020 by the then mayor of Florence, Dario Nardella. Following this provision, two electric scooter sharing companies appealed to the TAR, which annulled the provision, noting the mayor’s incompetence to adopt it: the judges underlined that this decision fell to the Director of the Mobility Directorate of the Tuscan administration. The latter decided to confirm the extension of the obligation; the resolution was contested, with the TAR deciding once again to annul it. The Florentine municipality therefore appealed against this ruling, an appeal which however was deemed unfounded by the Council of State. Let’s find out why.
the explanation of the sentence
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The Council of State underlined the “lack of power” on the part of the issuing body, i.e. the municipality, regarding the decision to extend the obligation to wear helmets when driving electric scooters also to adults. The municipality of Florence has placed the regulatory provisions in the Highway Code as the justification for the contested provision. However, the Council of State highlighted that none of these provisions authorizes the adoption of such a provision. This is the text of the sentence issued at Palazzo Spada: “None of the aforementioned regulatory provisions authorizes the adoption of a provision of this kind, the lack of power on the part of the issuing body is evident, given the high and noble intent of avoiding accidents roads coordinate with state legislation (and in particular: the Highway Code) regarding road traffic; legislation which in no way assigns to Municipalities the power to impose the adoption of protective helmets when using scooters (or any means two-wheeled) on the municipal territory which is all the more true if we consider that safety (which also includes road safety) is a matter devolved to the exclusive legislative power of the State, which therefore exercises it with the adoption. of rules valid throughout the national territory, and which for this reason cannot be delegated to the Regions and other territorial bodies, under penalty of fragmentation, on a local basis, of a fabric of rules which must instead remain unitary”.
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