The innovations passed in Parliament

Highway Code: new penalties for abandoning animals in the street

The basic penalties are increased by one third if the abandonment takes place through the use of a vehicle on the road or its appurtenances

by Nicoletta Cottone

3' min read

3' min read

With the new rules of the Highway Code, what happens to people who abandon animals in the roadway? In this in-depth look at the new law on road safety, which amends the Highway Code in a number of places, we deal with the increase in penalties for those who abandon animals. In a video interview published on the Sole 24 Ore website, we talked about this with the deputy police commissioner Alessandro Abruzzini. In 2023, more than 127 animals were surrendered or abandoned every 24 hours, a 20 per cent increase over the previous two summers. According to the national animal protection agency, more than 130,000 animals are left by the roadside in Italy every year.

 

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When does abandonment of animals occur?

First of all, the criminal code provides for an offence that can be committed in the presence of two different types of conduct. The first is classic abandonment, i.e. leaving a pet alone so that no one can take care of it. The second conduct is that of keeping an animal in conditions that are not compatible with its nature and that cause it serious suffering.

With the new rules, what happens to those who abandon animals in the street, also creating problems both for traffic and the safety of motorists?

The new rules introduce a specific aggravating circumstance for the offence of abandoning animals, which is committed by abandoning the animal on the road or its appurtenances. In particular, there is a one-third increase in the penalties for abandoning an animal if the abandonment takes place through the use of a vehicle on the road or its appurtenances, there is also a suspension of the driving licence from six months to one year. I would like to remind you that the basic penalties for abandoning an animal are a fine of 1,000 to 1,000 euro or an arrest of up to one year.

If the abandonment of an animal in the street causes a fatal accident, what does the code provide for?

In this case, there is an extension of the penalties for road homicide and the offence of grievous bodily harm. If the owner of an animal abandons an animal that subsequently causes a fatal accident, or has caused grievous or very grievous bodily harm, in this case I recall that the penalties range from two to seven years' imprisonment for road homicide and from three months to three years' imprisonment for grievous or very grievous bodily harm.

Codice della strada, nuove sanzioni per chi guida sotto l’effetto di alcol o droga

What are the rules for properly transporting animals by car?

Of course, travelling with our animal friends is a pleasure, but it can also have risks for road traffic, as the animal can move around inside the passenger compartment interfering with driving activities and thus also causing driver inattention. The Highway Code provides for two different ways of transporting animals depending on the number of specimens carried on board. In the case of transporting a single specimen, the choice is left to the discretion of the driver, who may choose any mode of transport, provided, however, that it does not interfere with his driving activity. In particular, this choice must be based on the tonnage of the animal, also in relation to the size of the passenger compartment. If, on the other hand, several specimens are transported, they must be placed in special cages or carriers or on the rear seats of the car, separated by a special net. In this case, these means of separation must pass the approval of the Driver and Vehicle Licensing Agency.

What should we do if we encounter an abandoned animal on the street?

First of all, the first thing to do is to find out whether it is an abandoned, lost or simply a wandering animal, if this can be deduced from its behaviour. If it has no clear direction or seems disoriented, it is plausible that it is an abandoned or lost animal. If we have the possibility because of the size of the animal, if it is a domesticated, tame animal, we can also try to approach it to see if we can find tags to trace it back to its owner. If not, we must then use the emergency numbers and then call the local police, who are responsible for finding animals. Or if it is an animal abandoned in particular areas such as the motorway or railway tracks or nearby, it is advisable to call the traffic police directly in the case of abandonment on the motorway or the railway police in the case of abandonment by the tracks. Of course, if the animal is injured, veterinary assistance should also be called.

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