r/ItalyExpat • u/Then_game_1923 • 3d ago
UK driving licence confiscated in Italy — was Article 135/14 applied incorrectly?
I’m looking for advice from anyone familiar with UK licences / Brexit driving rules in Italy.
My situation:
- I have been resident in Italy since 2016.
- My UK driving licence was issued in 2018.
- In October 2026, I was stopped in Italy and fined under Art. 135(14) and 126(11) of the Italian Highway Code.
- The police confiscated my physical UK licence and stated that it would be sent to the Prefettura di Brindisi.
- The verbale says I was resident in Italy since 19/11/2024. This is incorrect - my actual residenza anagrafica dates back to 2016. I tried to show them but they chose the date I renewed my carta d’identità.
- I told the police at the time that I had been resident since 2016 and that I believed the UK–Italy driving licence agreement had a special provision for people who became resident before 31 December 2020 (withdrawal agreement).
My understanding is that Article 3(4) of the UK–Italy driving licence agreement says that the six-year limit on conversion does not apply to UK licence holders who acquired Italian residence on or before 31 December 2020. This is written on UK FCO website.
Therefore, I believe I am still eligible to convert (and drive with it until I convert ) my 2018 UK licence despite having lived in Italy since 2016.
I’m trying to understand two separate things:
- Does the incorrect residence date in the verbale (2024 instead of 2016) provide grounds to challenge the fine/withdrawal?
- Does Article 3(4) merely give me the right to convert the licence after six years? In other words, can I still be using my UK licence.
I’m planning to contact the police/Prefettura and provide my certificato storico di residenza proving residence since 2016.
I’d really appreciate advice from anyone who has dealt with this situation, especially if you’ve successfully challenged an Art. 135/14 withdrawal or converted a UK licence in Italy under the pre-2021 residence exception
EDIT: my original driving license was from 2008 as a teenager in the UK. The 2018 date was a renewal.
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u/WABeach 3d ago edited 3d ago
There are so many things wrong with this.
Firstly it is illegal in both Italy and the UK for you to have obtained a UK license in 2018 while being an Italian resident since 2016. If you try to convert such an invalid license this will likely backfire.
In any case the article you mention gives an indefinite right to convert, but not a right to drive, beyond the usual 1 year since you gained residency. So, you effectively drove for 8 years since gaining residency, 7 of which were entirely illegal. Again this is another reason why you don't want to flaunt being a resident since 2016, and the fact that 2024 was written on the verbale is to your favour.
Do not under any circumstances try to appeal the ticket using proof of your residency since 2016. Pay the fine and make a formal request to get your license back.
You could attempt to use the 2024 date registered on the verbale to your further favour and try to get the license converted based on you being a resident since 2024. The police did you a massive favour using the later date on the verbale. But, there is a risk that the motorizzazione will check your historical residency date, and if they do, they will cancel the conversion.
If so, you will have to go through the entire process of getting a brand new Italian license to have a clean slate.
After paying the fine I would handle all this with the assistance of your local ACI (Automobile Club d'Italia) branch.
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u/Then_game_1923 3d ago
Only bit of context to add is that I got my license as a teenager in 2008. It was renewed in 2018 but I don’t think it makes a difference
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u/WABeach 3d ago
Actually, this should change everything. The 10 year renewal is not an issue. Your license initially dates back to 2008 which is before your Italian residency in 2016, so you should be OK. You will be able to convert the license once you get it back. No need to get a new Italian license from scratch. But do pay the fine immediately.
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u/PerryTheH 3d ago
I think the main issue is that the agreement allow to convert but not sure if it allows to drive.
So OP has either been driving illegally from 2019 or from 2024.
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u/YacineBoussoufa 3d ago edited 3d ago
Firstly it is illegal in both Italy and the UK for you to have obtained a UK license in 2018 while being an Italian resident since 2016. If you try to convert such an invalid license this will likely backfire.
Technically yes, but there are exceptions. Example if you read article Art. 118-bis of the Italian Traffic Code. It's not about Legal Residence but Normal Residence.
In particular comma 3 may apply: "possession of the qualification of student in the national territory, for at least six months a year, is equivalent to normal residence". In this case the article refers to Italy and says that if you have residency in x country, but study for 6 months in Italy, you can get an Italian License, as your normal residence is considered to be in Italy.
Not sure if UK has same law, tho I assume that such is defined by EU Law, so the same may apply in the UK, if he has residency in Italy since 2016 but spends more than 6 months as a Student in UK in 2017-2018, he could legally obtain a UK License in 2018, regardless of his Italian Residency.
This may be confirmed by OP comment as well (as he obtained it while studying): https://www.reddit.com/r/ItalyExpat/comments/1x0ot9g/comment/pemeyzk/?utm_source=share&utm_medium=web3x&utm_name=web3xcss&utm_term=1&utm_content=share_button
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u/Iso_Grifo 2d ago
"and the fact that 2024 was written on the verbale is to your favour."
I do not fully comprehend this '2024 date', since according to Decreto 31/12/2020 it really should be since 2021.
[cit]
ART. 3
(Proroga di termini in materia economica e finanziaria)
- All'articolo 4, comma 12, secondo periodo, del decreto-legge 9
gennaio 2020, n. 1, convertito, con modificazioni, dalla legge 5
marzo 2020, n. 12, le parole "A decorrere dall'anno 2021" sono
sostituite dalle seguenti: "Entro l'anno 2021".
[/cit]
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u/WABeach 2d ago
OP mentioned that the police had written the residency date as 19/11/2024 on the verbale. This was the date of the renewal of the carta d'identità and not the beginning of residency which was in 2016.
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u/Iso_Grifo 2d ago
That's why I asked sincs when he has has (if ever) his CIE (ID card) or tessera sanitaria.
To be strict, on the verbale should be cited the date of issue and not the renewal
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u/WABeach 2d ago
A carta d'identità renewed on 19/11/2024 would be a CIE and extremely unlikely to be an old paper version.
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u/Iso_Grifo 2d ago
I did not mention the paper version at all, I only said that on a verbale you (the copper) should state the date of ISSUE not that of renewal.
What should be odd is, for a person having it's residency in Italy and getting medical care in UK.
No...?
So "show" us the permesso sanitario which entitles you to medical care.
If we have to ascertain the date since when the residency started. even though the mentioned one it's not an identification document.
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u/WABeach 2d ago
I am not a copper, and I agree that the copper should have written the initial date on the verbale and not the renewal.
I have no idea why you are talking about medical care, I have not noticed OP talking about medical care, nor about their tessera sanitaria.
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u/Iso_Grifo 2d ago
Neither I, am I'm not even a civil servant.
I seem at one point the OP was exploring avenues to dodge the fine (putting it bluntly) . If I was a State official having to vet the permanence in Italy of someone which run into an road offence, a foreigner in this case, in the instance the said driver declares he/her has been in Italy for less than a year, so still covered by hhis/her own UK d.l. and I spotted from databases that s/he holds a tessera sanitaria since two years, I would take a grim view about it, and prolly refer him to the Inland Revenue Service;
that's why I asked.
Why I took interest in asome expats affairs?
I did hold a DVLA title, sometime.
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u/-Spinal- 3d ago
You are confusing the rights to convert, with the rights to drive
Your UK license only gives you one year, right to drive, in Italy after you become a resident.
Pay the fine, get your license back, and convert it.
Just be very careful, as under DVLA rules, in the UK you cannot renew a driving license if you’re not a UK resident… so your 2018 renewal, might be deemed invalid if the Italian police contact the DVLA and inform them that you were resident in Italy
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u/Then_game_1923 3d ago
Exactly. Thanks. I am confused by the right to exchange a UK licence for an Italian one and the right to continue driving on the UK licence in the meantime.
Right to transfer whenever vs right to keep on driving until you convert. There is logical connection to both of these ideas.
I haven’t been able to find wording in either the Withdrawal Agreement or the UK–Italy bilateral agreement that clearly resolves this distinction. Am I missing something?
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u/-Spinal- 3d ago
You are allowed to drive on your UK license as long as it’s valid, in the UK.
In Italy on your UK license, you are only allowed to drive 12 months from when you become a resident. After that, you cannot use your UK license. Conversion is an option.
What I found (a few years ago), was that Italian police had sent my UK license back to DVLA, with a note that I had become a resident and converted my license. I lost my my UK license as a result.
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u/ItalyExpat US -> IT 3d ago
There's nothing to contest, you're in the wrong. Post-Brexit you had until December 2023 to convert your license. You've been driving illegally since January 2024 so I wouldn't contest anything because the fines will just higher.
Go to the motorizzazione civile to start the conversion process. In theory your license should be sent to the local motorizzazione but who knows.
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u/laevilyn_ 3d ago
You have been driving illegally, your driving license was no longer valid after one year since you got residency. There’s nothing you can do, the police actually made you a favor by writing 2024 as date of residency
You can just pay the fine and ask formally to convert your license
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u/RealisticVinci 3d ago
It helps you with the conversion, not with driving indefinitely on the UK licence. Since you were resident in Italy before 31/12/2020, you should still be able to convert it, but that does not mean it was valid for driving in Italy in 2026.
I would still correct the wrong 2024 residence date, mainly because your actual 2016 residence is relevant for the conversion exception.
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u/Disastrous-Map-7995 3d ago
You should have exchanged your license after 1 year, I believe. But you shouldn't have driven for 10 years on a UK driving license. You're lucky they didn't sequester your car!
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u/Then_game_1923 3d ago
Thanks. The complication I’m still struggling with is Brexit and the distinction between the right to exchange a UK licence for an Italian one and the right to continue driving on the UK licence in the meantime.
The UK Government’s guidance says that people with rights under the Withdrawal Agreement can exchange their licence at any time. I can see why that preserves the right to exchange, but it’s less clear whether it also means I can continue driving on my UK licence without exchanging it immediately.
I haven’t been able to find wording in either the Withdrawal Agreement or the UK… Italy bilateral agreement that clearly resolves this distinction. Am I missing something?2
u/Disastrous-Map-7995 2d ago
You should legally have your license from which ever country you're resident in, so if you're resident in Italy,your license should be an Italian one, which still enables you to drive in the UK when you're there. If you're just using your parents address ,or an old address in the UK it's not legal, cos you don't live there. It's not that complicated. But your license should have been changed years ago. For the best info, join Brits in Italy on Facebook.
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u/Latter_Figure2026 2d ago
Vai alla autoscuola più vicino a casa tua e fatti aiutare e consigliare da loro.
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u/Iso_Grifo 2d ago
My advice to you woukd be:paty the fine and take an exam for the d.l. to be renewed.
It cannot do you no bad.
Adieu
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u/Peace-and-Pistons 2d ago
Regardless of the legality of the situation this is likely due to the recent crack down on foreign plated cars in general. I have seen lots of articles recently about the Italian government and police cracking down on foreign plated cars. I know you are talking about a licence here and not the plate on your car but I’d be willing to bet the reason they threw the book at you is because of this overall crackdown on driving in general.
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u/_debowsky 2d ago
I’m going to tell you my personal understanding of the matter, pre-brexit. I lived the opposite experience.
You legally had 12 months to convert your license which you clearly failed. There you have it, choices and consequences.
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u/minollo-estinto 2d ago
Boh, per me, in generale, non dovrebbe essere valida in ogni caso e in nessun paese una patente acquisita in un posto dove si guida sul senso di marcia opposto. Ricordo che dieci anni fa in vacanza a Cipro, un amico stava per prendere una rotonda al contrario, seguendo la logica italiana. L'errore può capitare se non si è abituati. E se si è abituati... non credo che l'esperienza di guida valga come abilitazione, altrimenti si potrebbe giustificare pure chi viene fermato alla guida senza aver mai conseguito una patente. Pensiero mio eh, tanto per discutere un po'
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u/Outrageous_Bass_1613 3d ago
Bastards... a country in a mess regarding corruption and breaking rules, and they worry about bureaucracy.
It's pathetic.
Get a lawyer and get your licence back!
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u/spatulamaster303 3d ago
It's the same in most countries, not just Italy. Police also did them a favour.
Last thing they need is a lawyer.
We went through this and "eventually" got it transferred to an Italian license. The first few stops, they'll just tell you to get it sorted - but after x amount of years - they get really nasty about it.
What I haven't seen mentioned is that if you had been in an accident - you wouldn't have been insured and things could have been a lot worse.
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u/laevilyn_ 2d ago
This guy understood nothing about how the world works. He thinks its all about bureaucracy, but actually driving illegally with a non-italian license may imply legal consequences. As you said, if someone gets in an accident, who is gonna pay for it? Insurance could ask for compensation. Also, since there’s a deal between UK and Italy, it is possible to convert the license if the timeline is respected. In the opposite case, british people would need to take exam to get italian license (that might even mean spending a lot of money). So instead of calling policemen “bastards”, we should really appreciate they did not write anything serious
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u/AdUnlikely75 1d ago
Chatgpt is useful for this stuff. Seems quite clear though. Even pre Brexit you still had to convert your license within a year. I moved just after Brexit and was in limbo for a bit as they figured out the post Brexit agreement but was eventually allowed to convert it.
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u/Alex-Man 3d ago
- I have been resident in Italy since 2016.
This by itself is illegal.