Go Back   English Forum Switzerland > Help & tips > Transportation/driving  
Reply
 
Thread Tools Display Modes
  #1  
Old 02.12.2022, 16:33
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Driving someone's car in CH and Italy

Hi all,

My wife and I will be visiting her parents for Christmas and New Year. We plan to get her parent's car and visit Italy for 2-3 days. The car is registered in Switzerland and her father is the owner, I am an EU resident (not Italy) and was wondering if there's any permit in Switzerland that he'd need to give me for driving his car over the border.

Thanks in advance!
Reply With Quote
  #2  
Old 02.12.2022, 17:03
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 13,913
Groaned at 108 Times in 98 Posts
Thanked 21,719 Times in 9,530 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Driving someone's car in CH and Italy

As a resident of the EU customs area you cannot simply bring valuable goods into the customs area.

Doing so, if there is not a specific exemption or you get customs approval, is considered smuggling, you can be fined up to a multiple of the goods value, and the goods can be confiscated.

Unfortunately the Union Customs Code and all its implementing regulations do not foresee any exemption for what you intend to do (it would be possible with a commercial rental car). Thus, as a EU resident you can drive the car only in Switzerland, Lichtenstein, Büsingen. and to the Euro Airport Basel Mulhouse if you use the special customs road from Basel.

Relevant is Commission Delegated Regulation (EU) 2015/2446 in particular the mentioned Article 215. Please check the consolidate version for the current text of Article 215 https://eur-lex.europa.eu/legal-cont...R2446-20190725

PS: The Italian Guardia di Finanza are known to be super strict regarding such rules.
__________________
On Strike - ChatGPT knows more than I, so use it (or doesn't it?)
Reply With Quote
The following 2 users would like to thank aSwissInTheUS for this useful post:
  #3  
Old 02.12.2022, 17:11
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Re: Driving someone's car in CH and Italy

Quote:
View Post
As a resident of the EU customs area you cannot simply bring valuable goods into the customs area.

Doing so, if there is not a specific exemption or you get customs approval, is considered smuggling, you can be fined up to a multiple of the goods value, and the goods can be confiscated.

Unfortunately the Union Customs Code and all its implementing regulations do not foresee any exemption for what you intend to do (it would be possible with a commercial rental car). Thus, as a EU resident you can drive the car only in Switzerland, Lichtenstein, Büsingen. and to the Euro Airport Basel Mulhouse if you use the special customs road from Basel.

Relevant is Commission Delegated Regulation (EU) 2015/2446 in particular the mentioned Article 215. Please check the consolidate version for the current text of Article 215 https://eur-lex.europa.eu/legal-cont...R2446-20190725

PS: The Italian Guardia di Finanza are known to be super strict regarding such rules.
Thanks, but that's not my worry, as I have double citizenship with non-EU passport and I can simply enter Italy as non-EU resident.

My idea here was whether a document is needed for me to legally leave Switzerland with a car registered in CH that's not under my name.
Reply With Quote
This user groans at BorisZ for this post:
  #4  
Old 02.12.2022, 17:23
Senior Member
 
Join Date: Feb 2018
Location: Zürich
Posts: 422
Groaned at 6 Times in 6 Posts
Thanked 429 Times in 223 Posts
rezak has earned the respect of manyrezak has earned the respect of manyrezak has earned the respect of many
Re: Driving someone's car in CH and Italy

Quote:
View Post
Thanks, but that's not my worry, as I have double citizenship with non-EU passport and I can simply enter Italy as non-EU resident.
Passports have nothing to do with your residency, you can be resident in EU without having an EU passport.

Unless you mean "if needed, I will flash my other passport and will pretend that I am not an EU resident" - which might work, but it's a whole other dangerous game IMO, since you'd be lying at that point
Reply With Quote
The following 2 users would like to thank rezak for this useful post:
  #5  
Old 02.12.2022, 17:39
Jim2007's Avatar
Forum Legend
 
Join Date: Jun 2006
Location: Kt. Bern
Posts: 6,119
Groaned at 402 Times in 287 Posts
Thanked 10,094 Times in 4,407 Posts
Jim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond reputeJim2007 has a reputation beyond repute
Re: Driving someone's car in CH and Italy

Quote:
View Post
Thanks, but that's not my worry, as I have double citizenship with non-EU passport and I can simply enter Italy as non-EU resident.

My idea here was whether a document is needed for me to legally leave Switzerland with a car registered in CH that's not under my name.
It is not about you entering Italy, no matter what passport you have you can't drive a car you don't own across the border to Italy. It is illegal and you can expect the car will be seized and you will have to pay about 10% of the value of the car plus import fees to get it back.
Reply With Quote
  #6  
Old 02.12.2022, 17:42
k_and_e
 
Posts: n/a
Re: Driving someone's car in CH and Italy

Quote:
View Post
as I have double citizenship with non-EU passport and I can simply enter Italy as non-EU resident.
That would be hilarious, as you would be illegally in the Schengen zone.
Reply With Quote
The following 2 users would like to thank for this useful post:
  #7  
Old 02.12.2022, 17:53
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Re: Driving someone's car in CH and Italy

Quote:
View Post
It is not about you entering Italy, no matter what passport you have you can't drive a car you don't own across the border to Italy. It is illegal and you can expect the car will be seized and you will have to pay about 10% of the value of the car plus import fees to get it back.
Thanks for that. Do you have any source for this information? I've never heard of a country forbidding such a thing. My concern was leaving the country of origin, for example, in Bulgaria, there's an official document that the car owner needs to complete and have stamped by the police, which would allow another person to leave the border with his car.

Quote:
View Post
That would be hilarious, as you would be illegally in the Schengen zone.
Why illegally? Not all non-EU countries need Schengen visa for tourism.
Reply With Quote
This user groans at BorisZ for this post:
  #8  
Old 02.12.2022, 19:17
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 13,913
Groaned at 108 Times in 98 Posts
Thanked 21,719 Times in 9,530 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Driving someone's car in CH and Italy

Quote:
View Post
It is not about you entering Italy, no matter what passport you have you can't drive a car you don't own across the border to Italy. It is illegal.
This is wrong. Car ownership is not the issue at hand and entering Italy with a car which is not owned by the person which drives it is a daily and common occurrence. There is absolutely nothing illegal about it (if the actual owner is o.k. with it).

The problem is solely the place of residence within the EU customs area.

Quote:
View Post
Why illegally? Not all non-EU countries need Schengen visa for tourism.
The only non-EU passport which might do the tricks are the Norwegian, the Swiss, and the Liechtenstein passport, as all those are part of the Schengen area but not part of the EU customs union. Otherwise your foreign passport would need a stamp when crossed the Schengen border. In absence of this stamp you would need a residence permit from an EU or EFTA country. With neither stamp in your third country passport nor residence a permit, your stay in the Schengen area is very, very questionable and in case of person which is not other wise a citizen of an EU or Schengen country would be very most likely illegal.

Now, your very own stay is not illegal as you are an EU citizen. Your right to stay in other EU countries does not come from the passport but from the fact you are a citizen of an EU country.
__________________
On Strike - ChatGPT knows more than I, so use it (or doesn't it?)
Reply With Quote
The following 3 users would like to thank aSwissInTheUS for this useful post:
  #9  
Old 02.12.2022, 20:08
Member
 
Join Date: Mar 2022
Location: Urdorf
Posts: 228
Groaned at 7 Times in 6 Posts
Thanked 160 Times in 94 Posts
AlexSec is considered knowledgeableAlexSec is considered knowledgeableAlexSec is considered knowledgeable
Re: Driving someone's car in CH and Italy

Maybe just a thought : Could you go to a legal notary and do a "bailment agreement" (not sure if this is the correct english translation) ? Or any kind of paper done at a notary (where the owner gives you full access to the item and use it abroad )and just ask for it in IT + EN/DE
Reply With Quote
This user would like to thank AlexSec for this useful post:
  #10  
Old 02.12.2022, 20:11
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Re: Driving someone's car in CH and Italy

Quote:
View Post
This is wrong. Car ownership is not the issue at hand and entering Italy with a car which is not owned by the person which drives it is a daily and common occurrence. There is absolutely nothing illegal about it (if the actual owner is o.k. with it).

The problem is solely the place of residence within the EU customs area.



The only non-EU passport which might do the tricks are the Norwegian, the Swiss, and the Liechtenstein passport, as all those are part of the Schengen area but not part of the EU customs union. Otherwise your foreign passport would need a stamp when crossed the Schengen border. In absence of this stamp you would need a residence permit from an EU or EFTA country. With neither stamp in your third country passport nor residence a permit, your stay in the Schengen area is very, very questionable and in case of person which is not other wise a citizen of an EU or Schengen country would be very most likely illegal.

Now, your very own stay is not illegal as you are an EU citizen. Your right to stay in other EU countries does not come from the passport but from the fact you are a citizen of an EU country.
Right, thanks a lot for the useful explanation here. So, I'd just enter Switzerland with my non-EU passport and get a stamp from Switzerland's border/Schengen and I could drive non-EU car that is not mine in EU.

On the other hand, I was not able to find any info about any permit for driving someone else car and passing Swiss border. In my country, this is called "Permit to drive someone else's motor vehicle", but my father in-law asked someone in Switzerland (from his insurance company) and they told him that I can drive the car in Switzerland or any other country, there's no such document here. Just wanted to double-check this information.

By the way, I've traveled to France, Germany, and Italy on many occasions with his car, but he was always the passenger and I was never stopped by the border police or customs officers of any of the bordering countries, so wasn't really aware. This time, I'll be traveling without the owner of the car, that's why I wanted more info.
Reply With Quote
This user groans at BorisZ for this post:
  #11  
Old 02.12.2022, 20:36
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 33,924
Groaned at 2,968 Times in 2,056 Posts
Thanked 41,293 Times in 19,525 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Driving someone's car in CH and Italy

Quote:
View Post
It is not about you entering Italy, no matter what passport you have you can't drive a car you don't own across the border to Italy. It is illegal and you can expect the car will be seized and you will have to pay about 10% of the value of the car plus import fees to get it back.
40%, not 10%!

Tom
Reply With Quote
  #12  
Old 02.12.2022, 20:40
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 33,924
Groaned at 2,968 Times in 2,056 Posts
Thanked 41,293 Times in 19,525 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Driving someone's car in CH and Italy

A EU-resident cannot drive a CH registered vehicle outside of CH + FL.

Citizenship doesn't matter.

Simple.

Tom
Reply With Quote
  #13  
Old 02.12.2022, 20:49
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Re: Driving someone's car in CH and Italy

Quote:
View Post
A EU-resident cannot drive a CH registered vehicle outside of CH + FL.

Citizenship doesn't matter.

Simple.

Tom
What about non-EU resident?
Reply With Quote
  #14  
Old 02.12.2022, 22:13
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 33,924
Groaned at 2,968 Times in 2,056 Posts
Thanked 41,293 Times in 19,525 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Driving someone's car in CH and Italy

Quote:
View Post
What about non-EU resident?
No problem.

But you are EU resident!

"I am an EU resident"

Tom
Reply With Quote
This user would like to thank st2lemans for this useful post:
  #15  
Old 02.12.2022, 22:17
roegner's Avatar
Moderately Dutch
 
Join Date: May 2011
Location: Zurich
Posts: 13,217
Groaned at 422 Times in 358 Posts
Thanked 18,009 Times in 8,210 Posts
roegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond reputeroegner has a reputation beyond repute
Re: Driving someone's car in CH and Italy

And don‘t think ‚oh nothing will happen‘. Remember too well making an urgent payment for the release of the car of the CEO that his driver (not a Swiss resident) drove from Switzerland to Germany. It was a lot of money to pay!
Reply With Quote
The following 3 users would like to thank roegner for this useful post:
  #16  
Old 02.12.2022, 22:28
aSwissInTheUS's Avatar
Forum Legend
 
Join Date: Nov 2007
Location: Zurich area
Posts: 13,913
Groaned at 108 Times in 98 Posts
Thanked 21,719 Times in 9,530 Posts
aSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond reputeaSwissInTheUS has a reputation beyond repute
Re: Driving someone's car in CH and Italy

Quote:
View Post
40%, not 10%!

Tom
I think it is 110% (5 times the Italian VAT)

For those which want a signed piece of paper for peace of mind:
https://www.tcs.ch/mam/Digital-Media...e-passages.pdf

here one with even more languages

https://www.schumpf-partner.ch/wp-co...s_Fahrzeug.pdf

To be signed in front of a notary public.
Reply With Quote
This user would like to thank aSwissInTheUS for this useful post:
  #17  
Old 02.12.2022, 22:33
st2lemans's Avatar
Forum Legend
 
Join Date: Dec 2010
Location: Lugano
Posts: 33,924
Groaned at 2,968 Times in 2,056 Posts
Thanked 41,293 Times in 19,525 Posts
st2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond reputest2lemans has a reputation beyond repute
Re: Driving someone's car in CH and Italy

Quote:
View Post
I think it is 110% (5 times the Italian VAT)

For those which want a signed piece of paper for peace of mind:
https://www.tcs.ch/mam/Digital-Media...e-passages.pdf

here one with even more languages

https://www.schumpf-partner.ch/wp-co...s_Fahrzeug.pdf

To be signed in front of a notary public.
I do that for US visitors, notarized and aposillad.

Tom
Reply With Quote
  #18  
Old 02.12.2022, 22:58
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Re: Driving someone's car in CH and Italy

Quote:
View Post
No problem.

But you are EU resident!

"I am an EU resident"

Tom
Sorry for the misunderstanding, I'm an EU citizen, but I am not been living/residing in the EU since 2020.

I see many groans on this thread, not sure why I'm understood negatively, I'm just a tourist that needs to go as a tourist to Italy with a CH car, nothing is wrong, and no criminal is being done.

Quote:
View Post
I think it is 110% (5 times the Italian VAT)

For those which want a signed piece of paper for peace of mind:
https://www.tcs.ch/mam/Digital-Media...e-passages.pdf

here one with even more languages

https://www.schumpf-partner.ch/wp-co...s_Fahrzeug.pdf

To be signed in front of a notary public.
Thank you very much sir for this document!!! This is exactly what I was looking for. <3

Quote:
View Post
I do that for US visitors, notarized and aposillad.

Tom
Do you mind sharing what's the price for this service in Switzerland?
Reply With Quote
  #19  
Old 02.12.2022, 23:37
Linnéa UZH's Avatar
Member
 
Join Date: Apr 2013
Location: Rüschlikon ZH
Posts: 174
Groaned at 48 Times in 25 Posts
Thanked 265 Times in 141 Posts
Linnéa UZH has earned the respect of manyLinnéa UZH has earned the respect of manyLinnéa UZH has earned the respect of many
Re: Driving someone's car in CH and Italy

Make up your mind before crossing the border!
You can quickly get into trouble if you make false declarations. Italian customs or/and the Guardia di Finanza are allowed to impound your car if you break the EU customs rules!


Quote:
View Post
Hi all,

I am an EU resident (not Italy) and was wondering if there's any permit in Switzerland that he'd need to give me for driving his car over the border.

Quote:
View Post
Sorry for the misunderstanding, I'm an EU citizen, but I am not been living/residing in the EU since 2020.
Reply With Quote
This user would like to thank Linnéa UZH for this useful post:
  #20  
Old 02.12.2022, 23:48
Junior Member
 
Join Date: Aug 2017
Location: EU
Posts: 32
Groaned at 6 Times in 6 Posts
Thanked 11 Times in 7 Posts
BorisZ has become a little unpopularBorisZ has become a little unpopular
Re: Driving someone's car in CH and Italy

Quote:
View Post
Make up your mind before crossing the border!
You can quickly get into trouble if you make false declarations. Italian customs or/and the Guardia di Finanza are allowed to impound your car if you break the EU customs rules!
Yup, not lying here, just a mixed resident with citizenship.
Reply With Quote
Reply




Currently Active Users Viewing This Thread: 1 (0 members and 1 guests)
 
Thread Tools
Display Modes

Posting Rules
You may not post new threads
You may not post replies
You may not post attachments
You may not edit your posts

BB code is On
Smilies are On
[IMG] code is On
HTML code is Off
Trackbacks are Off
Pingbacks are Off
Refbacks are Off


Similar Threads
Thread Thread Starter Forum Replies Last Post
Tips about driving to Italy Mélusine Travel/day trips/free time 18 14.07.2022 19:44
Driving from Vaud to Como Italy MattyRedSox Transportation/driving 21 16.02.2022 18:25
Driving in Italy Jamboree Transportation/driving 38 07.07.2017 16:55
Driving over the Alps into Italy Waldo000000 Transportation/driving 12 13.01.2012 18:34
Driving to Italy Leah2011 Travel/day trips/free time 13 15.08.2011 11:49


All times are GMT +2. The time now is 09:17.


Powered by vBulletin® Version 3.8.4
Copyright ©2000 - 2023, Jelsoft Enterprises Ltd.
LinkBacks Enabled by vBSEO 3.1.0