¿Cuáles son las características de los ganchos de arrastre nacionales? Para un gancho de arrastre de la categoría D2, ¿cuál tiene que ser el diámetro del perno?

Las características de los ganchos de arrastre de las máquinas agrícolas utilizadas en Italia se encuentran en la tabla de unificación CUNA NC 338-02, reconocida por el Ministerio de Transportes italiano.
En el caso de un gancho de arrastre con perno de la categoría D2 (características: masa remolcable 14t, carga vertical estática máx 2000 daN, marcado 14tV2) el diámetro del perno tiene que se de 43 mm (tolerancia +/- 0,5 mm).


I would like to know the length of the warranty that a manufacturer has to give for agricultural machinery: is it 12 or 24 months?

The Consumer Code (pursuant to Legislative Decree 206 of 6 September 2005) sets out rules on the question of warranties that the seller must give to the buyer, prescribing a legal warranty of two years, starting on the date of purchase.
This rule applies to the sale of all products, but limited to those cases in which the buyer is a consumer, which is taken to mean “a physical person acting for ends other than the business or professional activity performed”.
This means that the manufacturer must issue a two-year warranty only to those who purchase the product for use outside a business activity, including agricultural activity.
In the case of purchase on the part of a professional (taken as a person buying a product to use it as part of his business activity) the reference rules are those contained in the civil code (art. 1490 and following articles), according to which the statutory warranty is one year.


I own a tractor registered in 1990. Now I would like to make some technical alterations (e.g. replace the brake system with an air-based system), can I obtain type approval?

There is a deadline within which it is possible to make structural changes to tractors, and this is 10 years from the date of first registration.
Therefore, in view of the date of which your tractor was registered, such an application cannot be accepted.


I have a question about the tractor I own. As I have to regularly take my road vehicle for an MOT test, I wondered if I had to do the same for the tractor.

As regards the periodical testing of agricultural machinery, the Highway Code has this to say, in art. 111, paragraph 1:
“The transport secretary, in agreement with the agriculture and forestry secretary, may issue a ministerial decree arranging for the general or partial testing of agricultural machinery subject to registration requirements in pursuance of art. 110, in order to ascertain their continued meeting of minimum requirements in terms of road traffic safety and mechanical efficiency.”

Up until now the testing system has not been activated through an ad hoc decree, thus agricultural machinery does not have to be tested on a regular basis.

The reasons for this relate to the particular nature of agricultural machinery, since a special testing system would be needed, using specific testing tools, different from those used for other categories of vehicles. It is also necessary to define which requirements need to be considered and how to test for them.


I have a 1985 tractor. As it does not have protective structures in the event of overturning, and so is not compliant, how can I upgrade the tractor?

The modernisation of tractors in relation to the risk of overturning is referred to in point 2.4, part II of annex V to Legislative Decree 81/08.
The technical and administrative instructions to be followed to install the protective frame and safety belts on tractors are contained in ad hoc guidelines issued by ISPESL, and can be downloaded for free from the following web pages:
http://www.ispesl.it/sitodts/Linee_guida/telai_indice.asp
http://www.ispesl.it/sitodts/Linee_guida/LGadeguamento_trattori.pdf


On buying a new tractor I have been asked for an agricultural VAT number to register the vehicle. Could you kindly tell me what I have to do, since as I am a craftsman I already have a VAT number, but it is not agricultural.

The request made is in keeping with the provisions of the existing Highway Code (Legislative Decree 285/92 and subsequent amendments and additions), in particular art. 110 establishes that agricultural machinery should be registered in the name of the person declaring himself to be the owner of the agricultural or forestry holding or of the enterprise undertaking agricultural engineering work or hiring agricultural machinery, and in the name of public bodies and consortia.
With the circulars of 29/10/2004, ref. 4509/M360, and 31 January 2005, ref. 596/M360, the Ministry of transport has provided, with regard to the declaration of proprietorship as per art. 110, the indications as per below.
Pursuant to the provisions of Presidential Decree 445/2000, proprietorship of the enterprise, for enterprises entered in the business register, can be certified by means of self-certification (art. 46 of Presidential Decree 445/2000) certifying in particular:
- entry in the business register, specifying the relative section;
- registration number and date;
- activity performed;
- type of enterprise (individual, company, etc.).
For agricultural holdings not obliged to register with the business register, in accordance with art. 2 paragraph 3 of Law 77 of 25 March 1997, the declaration of legal title of the enterprise can be certified by means of a sworn statement (art. 47 of Presidential Decree 445/2000) attesting to the declarant’s proprietorship of the enterprise or agricultural holding.
The person requesting registration shall in any case be the owner of the agricultural holding.


I would like to know more about legislation regarding circulation on the road of trailed weed sprayer tanks. Specifically, is type approval needed? Can I go on the road with a full tank? While on the road can I transport the chemical product already mixed in water?

According to art. 108 of the current Highway Code, the road circulation of trailed agricultural machinery is subject to the issue of a circulation certificate, after having verified vehicle identification data, machine properties and compliance with technical prescriptions established by law.
These obligations also apply to trailed agricultural machinery equipped with a tank.
Circulation with a full load is also allowed if the relative data are given in vehicle circulation documents.
Generally speaking the transport of goods classified as being dangerous is allowed for agricultural machinery providing they are for agricultural and forestry uses. To be more precise however, it is necessary to know the type of product and the mixing percentage.


Are self-propelled trucks for fruit picking considered to all intents and purposes as agricultural machinery endowed with UMA log book and their own plate number, and can they be insured in the same way as other tractors? To be insured for road circulation, must they be type-approved, and thus isn’t it sufficient to have the number plate?

Generally speaking, all self-propelled agricultural machinery, including fruit-picking trucks – as per art. 57, paragraph 2 letter a), point 2) – must be type-approved in order to be able to circulate on the roads.
Your email tells us that the machine in question is endowed with a log book and registration plate; these documents are issued only if the machine has been type-approved.
Accordingly, your machine is able to circulate on the road, and it is necessary to take out appropriate third party insurance.


I would like to know the size of trailer number plates for agricultural trailers, the local road traffic authority has not been clear on this, and I do not know what type I need. Thank you.

The characteristics of the trailer number plate of the trailed agricultural implement, to be applied, if the latter’s registration plate is hidden from view, to the final element of the assemblage (agricultural trailer or trailed agricultural implement), are contained in art. 258 of Presidential Decree 495 of 16 December 1992 (Regulations of the new highway code).
The correct size is 165 mm x 165 mm; in the figure taken from the same regulations is given below.


I would like to buy a tractor. Must I check its compliance with Community directives, just as for a car?

Tractors must also comply with precise construction parameters at the time of type approval.
This may apply to different components of the tractor: the engine, brakes, lights, protective devices, etc.
In particular, for the engine there are limits to polluting emissions that the manufacturer must respect in subsequent phases.
It is necessary to distinguish between construction regulations and road circulation regulations.
Many motor vehicles, for instance, by virtue of locally issued regulations, depending on the engine’s compliance with Community legislation, may or may not be allowed to circulate on the roads in some towns.
For agricultural machinery there has never been this problem, since they normally circulate outside towns, are much fewer in number than other categories of vehicles on the road and in terms of reference construction regulations are different from other vehicles circulating on the roads.
What is important to know is that agricultural machinery can be registered by no later than two years from the date of expiry of type approval.


I clean the road side of my land with a tractor and grass cutter. Am I insured if someone happens to crash into me? Or if the grass cutter spits up a stone? Let me say that I am covered in terms of third party insurance. What is the legal situation, and what do I need to do to be able to sleep peacefully? Thank you.

With the recent changes to art. 57 of the Highway Code (Legislative Decree of 30 April 1992 and subsequent amendments and additions) the use of agricultural machinery is allowed for operations to maintain and protect the territory; this certainly includes the maintenance of grassy verges along the road.
Compulsory third party insurance undoubtedly does not cover risks deriving from activities performed as part of a temporary road construction site, so I would suggest thinking about taking out specific insurance coverage.
If in order to maintain grassy verges the public road is accessed, prior authorisation must be sought for the temporary construction site (pursuant to art. 21 of the Highway Code) and provisions regarding construction site signalling (art. 31 of Regulations for execution and implementation of the Highway Code – Presidential Decree 495 of 16 December 1992) must be complied with.

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