Car-mounted bike racks could be illegal. Here’s what happened recently, and the MIT regulations that could ban cyclists on vacation from taking their bikes with them.
Bike rack regulations
The decision, which provides for the ban of some car bike racks, came at the end of August. This is certainly a problem that involves those who have invested considerable sums in order to transport their bike in maximum safety.
Bike rack mounted on the rear of the car
A few days ago, an appeal was filed by nine companies that produce, sell and install vehicle accessories against circular number 0025981 of the Ministry of Transport, which the TAR of Lazio rejected. From this circular, the following can be deduced:
“… It is appropriate to review the provisions already issued with circulars no. B103 of 27.11.1998 and B041
of 6.05.1999, also for category M1 vehicles with regard to ski racks and bicycle racks. The above-mentioned circulars refer to Directive no. 79/488/EEC, now replaced by the UNECE regulation – i.e. the “uniform provisions concerning the approval of vehicles with regard to their external projections” – a regulation according to which ski racks can be approved as technical units
independent, intended for vehicles of category M1. The bike racks, although not homologated because they are not included in the aforementioned UNECE regulation 26, are light and removable accessories, which do not significantly modify the unladen mass of the vehicle and can be applied to it, like ski racks which, however, are homologated as technical units”.
The circular continues, specifying what is the correct installation of bike racks and ski racks:
“Given the above, it is appropriate to specify the installation methods of the structures
removable ski racks and bicycle racks applied as a cantilever at the rear on specific attachment points provided by the vehicle manufacturer or on the vehicle’s towing ball hook”.
Therefore, “the installation of the removable structures in question is permitted under the following conditions:
Length not exceeding 1.20 m, including transported items (bicycles and skis placed perpendicular to the median axis of the vehicle), in compliance with the maximum size limits indicated in Article 61 of the Highway Code (hereinafter CdS) and by European legislation relating to masses and dimensions; Width not exceeding, including transported items, that of the motor vehicle with the maximum limit of 2.35 m; Height, including transported items, not exceeding 2.50 m. Please note that removable ski and bike rack structures can be installed on category M1 motor vehicles without the obligation to record this on the single circulation and ownership document of the vehicle, unless the lighting, visual signalling devices and the license plate are obstructed, even partially”.
Bike racks, additional measures
But it doesn’t end here, because the Ministry has introduced another measure, which provides for a visit and a test at the Civil Motorization Office (with an update of the vehicle registration document) in the event that the gathering causes a partial obstruction of the license plate or headlights.
Rear cantilever bike rack
The specialized companies then turned to the administrative judge, asking to annul the documents signed by the general director of the Department of Sustainable Mobility – according to them the latter does not have the power – and adding that the new rules will be discriminatory towards Italian citizens, as other European citizens would be practically “excluded” from such regulations.
The request rejected by the TAR and the subsequent reversal of things
The request for a precautionary suspension was rejected by the TAR in November 2023, but subsequently (two months later to be precise), the Council of State reversed the situation, pending the judgment on the merits.
This judgment on the merits has been issued, and it is therefore clear that the appeal and the current rules have been stopped, except in the case in which the dispute is dragged to the second degree. The commission chaired by Giuseppe Sapone has declared the appeal inadmissible due to the lack of active legitimacy on the part of the companies in the sector.
In summary, the judges are of the opinion that:
“The administrative obligations provided for by the Highway Code and contemplated by the contested circulars do not appear to be disproportionate, as they are functional to safeguarding the safety of vehicular traffic. The possible lack of possibility of installing ski and bike racks on a motor vehicle for technical reasons related to traffic safety does not appear to limit the freedom of movement of natural persons in the Italian territory”.
Controversies and polemics
Despite the good intentions, these new rules have met with mixed criticism, especially from cycle tourists and bike rack manufacturers. The main reasons are the following:
Too rigid a measure: many bike racks on the market no longer meet the latest regulations, forcing owners to replace them. Impact on cycle tourism: restrictions may limit the ability to carry more than one bike per vehicle, making group travel more difficult. Additional costs: the requirement to install repeater devices and additional license plates may result in higher costs for users.
