Security, culture and education go hand in handoften their violation, especially on the road, creates the accident and the consequences for people: the same is true in this case the law merely reinforces a standard of education, the one violated by the motorist who hit the group of cyclists at the Granfondo Sportful on Sunday 16 June 2024, deliberately violating and for trivial reasons (it seems he was late for Sunday mass) the warning to stop by the authorized personnel responsible for the safety of the passage of the race.
If an officer, officer or agent If you ask to stop, there is no reason, other than rudeness, not to respect itregardless of the specific rule that imposes it, complete with sanctions for those who transgress.
To avoid misunderstandings and attempts to find justifications, the rule exists and this time it is very clear. This is what the art says. 192 cds:
“Those traveling on the roads are required to stop at the invitation of officials, officers and agents who are responsible for carrying out traffic police services, when they are in uniform or equipped with the appropriate distinctive sign”.
CRIMINAL LIABILITY
In some cases, which ended up in Court, an attempt was made to bring out a further criminal consequence against the person who did not respect the halt, recalling the rule which would require citizens to carry out an order from an authority (art. 650 cp ), but to date the Judges considered the existence of the more specific offense envisaged by the art. 192 cdsto which there is a simple administrative sanction.
The case in question, similar in this case to that which occurred at GF Sportful, concerned the behavior of a motorist who, after a few minutes of waiting, had tired of waiting for the cycling race to pass and had decided to leave the traffic jam and continue the journey. own gear.
In that case the organizers had nevertheless managed to avoid the impact between the motorist and the cyclists, by diverting them and having time to intervene, and the motorist had been sanctioned for violating the art. 192 CdS, as, precisely “he continued the march despite the warnings of the investigating officer, not regulating his speed according to the road conditions and failed to stop at the invitation legally addressed to him by a municipal police officer”.
INJURIES
But if the motorist, as in the Sportful case, had hit the cyclists, causing them injuries, he would have been criminally liable for the physical damage caused, in addition to the obligation to compensate all damages.
In the event that a motorist “forces” the official (obviously authorized for duty) to stop, causing an accident or hitting the runners in the race, there would be no liability of the organizer, which among its obligations is to stop cars to make cyclists safe, also taking into account side streets or possible entrances.
There is also an extensive regulation, in addition to the art. 9 of the highway code, which then concerns the duties and rules that the organizers of the race are required to follow (provision of the Ministry of Transport of 27 November 2002), which however do not affect the responsibilities of the pirate motorist, except that the violation of the organizer has himself created dangerous conditions (for example by not covering an intersection or a side street, exposing the runners to possible misunderstandings from motorists).
Damage to cyclists will in this case be compensated by the motorist’s compulsory insurance, obviously within the limits of the policy limit, while the motorist himself and all his assets will be liable for the excess part.
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