Legislative decree 5 of 9 February 2012 established that identity and identification documents, including the firearms permit, in the future must expire on the birthday of the holder of the document.
As regards documents that are currently still valid, the duration will be automatically extended until the date of birth of the holder immediately following the original expiry date of the document. The Council of Ministers, with its own circular of 20 July 2012 and published in the Official Gazette number 207 of 5 September 2012, reiterated and clarified this provision.
The text of the circular is published below:
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1. Classification.
Numerous questions have been received by this Administration regarding the scope of application of art. 7, decree-law 9 February 2012, n. 5 which, in paragraphs 1 and 2, provides that for identity and recognition documents, issued or renewed after its entry into force, the new deadline falls on the date corresponding to the day and month of birth of the holder, immediately following at the expiry that would otherwise be provided for the document itself.
The provision, which does not provide for any derogation, therefore applies to all identity and recognition documents.
It should be noted that the aforementioned art. 7, decree-law n. 5 of 2012 does not derogate from the natural expiration period of the identification or identity document (and documents equivalent to these) except on the occasion of the first issue or renewal, in relation to which the ordinary expiry date is added the days remaining until the birthday of the holder of the document.
If then the holder of the identity card requests its renewal (further to the first) after the expiration date coinciding with the birthday, the new expiry will always coincide with the birthday date, but subtracting the days from the natural expiration period. that have been unnecessarily allowed to pass before requesting renewal. To simplify: if the driving license expires on October 20, 2012 (date of the holder's birthday) and the renewal is requested on November 15, the new expiry will fall on October 20, 2022 and not October 20, 2023.
It is also useful to point out that the innovations introduced by article 7, decree-law no. 5 of 2012 apply only at the time of the first issue or renewal of the document, with the consequence that the period of validity of the document, which began to run before 10 February 2012 (date of entry into force of the decree-law), ceases on the date of natural expiration and not to that of the owner's birthday.
From the clarifications provided, it emerges that the provisions of the law that provide for the period of validity of the identification or identity document (and of documents equivalent to these) must be understood as integrated, and not tacitly abrogated, by paragraph 1 of art. 7, decree-law n. 5 because the latter does not conflict with the individual provisions but integrates their content with exclusive reference to the first release or renewal subsequent to the date of its entry into force.
The provisions introduced by paragraph 1 of art. 7, decree-law n. 5 of 2012 also apply to identification cards issued by state administrations pursuant to Presidential Decree 28 July 1967, n. 851, given that paragraph 3 of the same art. 7 limited itself to modifying the duration of validity of the same, bringing it from five to ten years, without prejudice to the discipline of the deadline provided for in paragraph 1.
2. Driving licenses.
As has been clarified in paragraph 1, the news introduced by paragraphs 1 and 2 of art. 7, decree-law 9 February 2012, n. 5 has general application and therefore also applies to driving licenses.
The provision introduced by art. 7, decree-law n. 5 of 2012 does not conflict with the community regulations, dictated by Directive 2006/126 / EC of the Parliament and of the Council of 20 December 2006, which allows Member States to issue driving licenses (category AM, A1, A, B1, B and BE) with an administrative validity of up to 15 weapons (Article 7, No. 2, letter a).
As for the information to be affixed to the license regarding the period of validity, the directive explicitly refers only to the date of issue and the expiry date (Annex I, no. 3, par. D).
In particular, the date of issue must be indicated in field 4a of the license, while in field 4b the "expiry date of the license or a dash must be indicated if the validity is unlimited according to the provisions of Article 7 (2)," letter c) ".
It follows, therefore, that the Community legislator does not require any correspondence between the day and month indicated in the box relating to the date of issue and those indicated in the box relating to the expiry date.
The coincidence of the expiry date of the license with that of the holder's birth does not therefore conflict with the Community law, given that the directive only establishes the maximum limit of the administrative validity period of the licenses, without imposing a coincidence between the date issue and expiry date. Moreover, even in the licenses issued or renewed before art. 7, Legislative Decree 5 of 2012, the date of issue does not always coincide, in terms of day and month, with that of the expiry date.
Nor could it be considered that art. 7, decree-law n. 5 of 2012 does not apply to driving licenses, as the Highway Code is a special regulation that derogates from the general one.
And indeed, there is no problem of relationship between the general rule and the special rule given that, as has been clarified, art. 7, Legislative Decree 5 of 2012 does not derogate from the general principles dictated in relation to the expiry of the identity documents and, therefore, the rules provided for by the Code for driving driving licenses.
It is in fact only on the occasion of the first release or the first renewal that the deadline is extended until the date of the birthday.
Moreover, due to the peculiarities underlying some driving licenses, the provision introduced by art. 7, decree-law n. 5 of 2012 does not apply to licenses issued for the higher categories C and D and to those whose duration is set at a reduced rate, compared to the ordinary duration, by the Legal Medical Commission. Of course, art. 7, decree-law n. 5 of 2012 does not even apply to the so-called Driver qualification card (CQC), pursuant to Directive 2003/59 / EC implemented by Legislative Decree 21 November 2005, n. 286, not having this nature of an identity document.
It is, in fact, a professional qualification certificate necessary for driving vehicles in carrying out professional activities related to road transport.
In conclusion, the novel introduced by art. 7, decree-law n.5 of 2012 applies to category AM, A1, A, B1, B and BE licenses which have an ordinary duration; it does not apply to category C and D licenses and to those of limited duration following a judgment made by the Medical-Legal Commission.
Rome, 20 July 2012
The Minister for Public Administration and Simplification
Patrons Griffi
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(10 October 2012)
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