Giovanna Pizzanelli, Innovazione tecnologica e regolazione incompiuta: il caso dei servizi di trasporto non di linea


1. Il contesto giuridico-economico di riferimento.

2. I problemi da risolvere tra contenzioso giurisdizionale e obiettivi di regolazione.

3. Le soluzioni aperte tra ordinamenti nazionali e ordinamento europeo.


In Italy, as many other countries, the recent widespread use of information technologies applied to passenger mobility has had significant effects on both users’ demand and behavior and the availability of non-scheduled local transport services, highlighting that it would be appropriate to regulate the technology platforms that mediate between supply and demand (the technology mobility services) and remove some of the constraints associated with the provision of taxi and car and driver hire (C&DH) services. With respect to these new systems, the widespread dissemination of highly competitive technologies allowed to activate specific online and mobile service platforms that interconnect demand and supply and, thanks to geo-localization, identify and make available on demand the closest vehicles means. So essentially, other than taxi services and C&DH services there are also systems based on the flexibility and sharing of resources attributable to the so-called sharing economy, such as technology mobility services and other innovative mobility systems, including bike sharing, car sharing and car pooling. It is necessary to distinguish two cases in the car pooling formula: on the one hand, platforms promoting forms of shared transport services of a non-commercial, provided in a non-professional manner by drivers who share, in whole or in part, a predetermined route travelled with their own vehicle, with one or more other persons who get in touch through services provided by intermediaries through technological tools; on the other hand, platforms offering technology intermediation services on demand and for commercial purposes. In the latter case, even if the driver’s activities are carried out in an unprofessional manner, the service is provided at a price that does not merely covers the cost of the travelled route, defined at the passenger’s request, but also ensures a profit margin to platform and driver, albeit at an affordable cost (such as Uber Pop). The spread of the phenomenon caused an increased of the disputes between taxi drivers, C&DH service operators and non-professional drivers. Moreover these services are also excluded from the scope of the directive 2006/123/EC on services in the internal market. Therefore it needs to be assessed on a case by case basis whether the conditions imposed by national authorities of the Member States for the provision of taxi drivers and C&DH service operators in any way contravene the legislative and regulatory framework. Moving from the foregoing considerations, it would seem necessary to regulate the sector of non-scheduled road transport passenger services based on the technogical innovation and the relevant aspects concerning, inter alia, public order and civil and tax regulations.