We must first of all clarify that according to the art. 162 of the CdS is prescribed the use of a jacket or, alternatively, of high visibility retro reflective brace with reflective tape. According to the Decree of December 30, 2003 of the Ministry of Infrastructure and Transport regardless of color, which may be orange, yellow or fluorescent red, the important thing is that the jacket or the braces have a label with the CE mark and the abbreviation UNI EN 471 of whose conformity with the law will be answered by the manufacturer or his representative on Community territory.
Who has the obligation to make use of the jacket, or of the brace, in the cases provided by the CdS?
According to article 162 commas 1 of the CdS the drivers of all the vehicles excluded the velocipedes, the two-wheeled mopeds and motorcycles. Attention, according to the dictates of the norm, quadricycles would not be exempt. The same obligation applies to foreigners. However, it is noted that the D.M. refers to jackets or braces worn by drivers of vehicles registered in Italy. From this, it could be inferred that for drivers of vehicles registered abroad, the use of a jacket or brace, even if not approved, may be sufficient.
When should I use?
Article. 162 paragraphs 4 bits of the CdS establish that:
The jacket or shoulder straps must always be used by drivers of vehicles which, outside the built-up areas, are stationary on the road at night under all circumstances in which the vehicle is not sufficiently visible due to lack or failure of the rear or emergency lights or, even during the day, in all cases in which it is not possible to be seen at sufficient distance. The obligation, according to the dictation of the second sentence of paragraph 4-ter of the art. 162, is also extended to all drivers who are, even during the day, in the cases mentioned above, on the emergency lanes or parking lots of the roads that are equipped with them.
Furthermore, in all cases where pre-booking operations are carried out with the mobile danger signal. Basically when you go to place the triangle. In this phase, the obligation to use the jacket with reflevtive material also falls on all the people who go to place the triangle.
What sanction is expected?
For those who do not use the reflective vest or shoulder straps in all cases where the obligation to wear them is imposed, the code provides for an administrative sanction ranging from 41.00 to 169.00. For the driver also follows the deduction of 2 points from the license.
Attention, unlike the triangle, there is no obligation to have the jacket in tow and to show it in the control phase, but it is mandatory to wear it only in cases where, getting off the vehicle, this is prescribed.