Ncc, here is the draft with the new Service Sheet: no stopover and 60 days to retain data
The draft decree with the new rules was sent to the associations after the judges' findings. Federnoleggio: 'Untimely, there is a reform under consideration in Parliament'
by Flavia Landolfi and Vittorio Nuti
The text is ready and last Thursday it landed, as promised, on the table of the professional associations. The Ministry of Infrastructure sent the new draft decree on the electronic service sheet for the Ncc sector, opening the last step before final adoption after the rulings that had annulled the previous system. But it is not certain that this will be the last game of the legislature for the taxi and Ncc sector. The government could in fact return to the charge - sources close to the dossier report - and include a new clampdown on black cars in an amendment or regulatory train. But in the meantime, the Salvini-led ministry has completely rewritten the 16 October 2024 decree, a measure with a troubled life. The Lazio Regional Administrative Court had annulled it last August objecting that the ministry had exceeded the limits set by Article 11 of Law 21 of 1992, transforming a technical act into a substantive regulation of the service. Not only that: the Constitutional Court recalled the principle of proportionality and that of technological neutrality, censuring a model that imposed a single platform and operational constraints considered excessive.
Stop the stakes
As already announced by Sole24Ore, the new scheme empties itself of the regulatory ballast that would have hindered competition, as the judges had objected. Gone are the compulsory twenty-minute breaks between trips. The new scheme merely dictates the technical specifications of the new digital form of the Service Sheet. Article 1 stipulates that, once the transitional period has elapsed, operators are to 'compile and keep the document exclusively in electronic format, fully replacing the paper version'. Six months after the entry into force, the obligation will therefore be fulfilled only in digital form. In the transitional period, paper remains permissible. Ncc operators registered in the Rent national electronic register are required to comply with the exclusions already provided for by the regulations in force.
Mandatory data
Article 2 lists the compulsory data: vehicle registration number, driver's name, date, place and kilometres of departure and arrival, service start time, destination and end time, as well as the service user's data. Each sheet refers to a single service and a single driver. It must be generated before the start of the service and recorded at the end. The text specifies that 'each electronic service sheet shall be generated before the start of the service and registered at the end of the service' and that, after registration, 'the data entered cannot be modified' with the exception of the place and km of arrival and the time and date of the end of the service. Any permitted changes must be tracked. A time stamp or 'other equivalent mechanism, suitable to guarantee certainty of date and time' is also required. A relevant passage concerns data retention, which is set at a maximum limit of 60 days, a term that will, however, have to pass the scrutiny of the law on privacy and that was initially envisaged at the negotiating table with the MIT as 15 days.
The reactions
The trade associations are waiting to delve into the contents before passing judgement. Only Federnoleggio rises on the shields, rejecting the new draft as 'inappropriate'. For president Giuseppe Contrafatto, 'we are faced with yet another attempt to decide by decree what is up to Parliament, a method that we strongly reject'. The association recalls that the matter "is currently being examined by the 9th Transport Commission of the Chamber of Deputies, with a cognitive investigation underway and no less than two draft laws amending the sector's law".
