There’s some pretty big news about off-road riding in Italy.  The Italian government has passed a law that basically makes it illegal for anyone to operate a vehicle in forests and fields on roads under 2.5 meters wide.

New law

The law comes from a decree adopted on October 28, 2021, and published in the Italian Official Gazette on December 1, 2021.  The new regulation pertains to all traffic on forest and dirt roads in Italy.  As currently written, what the new regulation prohibits is wide-ranging.

The law is so broad that it forbids these roads’ use by most vehicles.  Vehicles such as cars, motorcycles, quads, and even bicycles are covered.  There aren’t many vehicles that escape the law’s reach unless they are specifically exempted.  Ultimately, it only allows vehicles necessary for road maintenance and the management of adjacent areas access to these types of roads.

Even bicycles are prohibited under Italy’s new law for riding on roads less than 2.5 meters wide (8.2 feet). Photo credit: visitwales.com

As such, it authorizes road access to trucks, tractors, trailers, and construction machines, but only for road maintenance, restoration, and “control.”  Any activity by vehicles outside of the above is currently prohibited.

Law provides some latitude

That said, Italian regions can manage the new law relatively liberally.  The decree grants local authorities a significant margin for regulation and enforcement.

As you might imagine, several special interest groups are working to overturn or at least modify the new law.  The Italian Motorcycle Federation (FMI or Federmoto) and the Motorcycle and Bicycle Industry Association (ANCMA) are making their objections known.

Objections

It seems that the associations are throwing the book right back at governmental authorities.  First, they call out Italy’s hosting of the International Six Days of Enduro.

Second, they state their monetary objections pointing out the amount of money the Italian two-wheeler industry generates and mentions the number of people it employs.

What’s seen in this picture is likely now illegal in Italy. Photo credit: riderswestmag.com

Third, is the number of people and clubs who enjoy two-wheel sports.  And finally, they say that the law could be contrary to the Italian Constitution.

FMI objection

The FMI webpage on the subject currently states the reasons for its objection, saying (translated from Italian):

Confindustria ANCMA (Associazione Nazionale Ciclo Motociclo Accessori) and FMI (Federazione Motociclistica Italiana) take a stand against the contents of the Decree of 28 October published in the Official Gazette on 1 December, which would prohibit forest and silvo-pastoral traffic to ordinary transit. And they do it, together, at the end of a year that has paradoxically seen the Triumph of Italian drivers in the most important off-road sporting event at an international level, the Six Days of Enduro hosted in the hills of the Oltrepò Pavese.

On the one hand, therefore, the two-wheeler industry that generates in Italy a total value of over 7 billion euros and employs more than 100 thousand employees in its supply chain, on the other hand all the sports activity of the sector with more than 117 thousand members structured in 1760 Moto Clubs on the national territory.

This is a short-sighted rule,which can potentially create serious economic damage to the market, to the entire supply chain, to recreational and sports activities and to those related to hospitality and tourism. There are also possible profiles of unconstitutionality,because there is clearly a lack of balance between the interests at stake and constitutional rights such as free movement, the right to free economic initiative and the right to carry out sporting and recreational activities.

Exemptions?

At a minimum, the challengers to the new law want it to grant exemptions for certain types of vehicles.  Of course, an exemption for recreational vehicles like motorcycles and bicycles will be part of their request.

However, the associations face somewhat of an uphill battle at this point.  On December 16, 2021, the law came into full effect.  Although the groups can still work to change the law, it will take time.  So, at this point, if you ride on these types of roads, you face a “hefty fine.”

Preservation versus recreation

Governments worldwide are taking action to preserve the public’s natural resources.  But how much must they restrict recreational activities to protect these resources for the future?  That’s a key question.  And it seems that in many countries, the pendulum has or is swinging very far in the direction of preservation over recreation.

Balancing those two interests can be a tough challenge to manage.  And it seems in this case that the Italian government has some homework to do.

What do you think of the new law?  Do you think that similar laws could come into effect in your country?  What would you do if you had the task of preserving the environment for the future while ensuring that the public has access to their public lands?

Let us know in the comments below.