There Cassation issued a ruling (10505/2024) which accepts an appeal against one fine for speeding as the speed camera was not “approved” but only “approved“. Often in the reports of investigations of violation of the Highway Code for exceeding the speed limits it is reported that the device is “approved” or better “provided with the calibration certificate and subjected to functionality testing” or simply “subjected to calibration” and no reference is made to the “homologation” and related approval certificate. As for example one of the many reports addressed to the undersigned when leaving Florence towards Siena states: Minute no. 2426865, Register no. 282968/2022 of 04/02/2022, noted that on 03/13/2022 at 12.22 pm on a road with a 70 km/h limit, speed of 99 km/h was detected, reduction of 5 km/h, net speed of 94 km/h, difference of 24 km/h, location Via Giovanni Agnelli, direction of travel 2,400 meters from entry onto Marco Polo from Viale Europa towards the city of Florence exit, detection device SODI SCIENTIFICA AUTOVELOX 106 matr. CPU 948189, laser bar 947756, provided with the calibration certificate Speed camera 106_29-09-21_947756 of 09/29/2021 and subjected to functionality verification as per the documentation available in the office records.
Thanks to the Supreme Court ruling this is one of many contestable minutes and for which it is possible to appeal to request thecancellation of the report.
Appeal against a speed camera fine, when it can be done
When is it possible to appeal a speeding fine with a high record using a speed camera? Check carefully what is written on the report received for speeding detected by a speed camera, example: “REPORT OF ASSESSMENT OF VIOLATION OF THE HIGHWAY CODE referred to in art. 142 paragraph 8 because the speed limit was exceeded“; pay attention to the part where he talks about the meter used, or the”Detection Device“.
You can win an appeal against a speed camera fine when the report relating to the device used only states:
– “Provided with calibration certificate and subjected to functionality verification“
– “Certified speed camera”
without any reference to the actual approval of the Ministry of Infrastructure and Transport with related decree.
It is NOT possible to hope to win the appeal against a report in which it is reported “Approved for operation…. by the Ministry of Infrastructure and Transport with Decree n°XX of YYY, subjected to calibration, whose perfect functionality was verified before use….“.
Successful appeal against a speed camera fine
But let's get to the appeal won for a high fine from another non-approved speed camera. In this specific case, the Municipality of Treviso lost the case, since the Cassation upheld the appeal of a lawyer, who as a motorist had received a speeding fine for traveling to 97 km/h where the limit is 90 km/h.
In the case in question, a motorist was caught by a fixed speed camera Red&Speed-Evo-L2 while traveling on a ring road in Northern Italy at 97 km/h instead of the prescribed 90 km/h. During the court proceedings, they emerged investigations according to which the equipment was “approved” but not “approved”. This fact led to the acceptance of the appeal presented by the motorist, who contested the substantial difference between “approved” and “approved”.
In fact, the Court of Cassation refers to thearticle 45, paragraph 6, of the Highway Codestating that there are two distinct procedures: theministerial approval and approval of the prototype. The approval authorizes the mass production of a laboratory-tested instrument, guaranteeing perfect functionality and precision. The approval of the prototype, however, does not require a comparison with specific characteristics of the instrument. The ministerial circulars cited by the Municipality, which speak of equivalence between approval and approval, they are not relevantsince the two terms are different both formally and substantially.
Speed camera fine appeal
The Supreme Court ruling could quash many speeding fines if appealed. The director of the National Association of Italian Municipalities (Anci) of Veneto, Carlo Rapicavolihe in fact admitted that Most speed detectors are only “approved” and not approved. Motorists can request the cancellation of the reports if the speed camera is not approved, according to what is stated in the appeal.
The law provides for the possibility of doing so appeal within 60 days from the date of notification or notification of the violation, before the Prefect, at no cost. If the application is rejected, you must pay the double the fine. Alternatively, you can submit appeal within 30 days before the justice of the peace, but it will be necessary to pay the unified contribution. To check if a speed camera is approved, it can be done reference to the minuteswhere the specifications of the appliance can be indicated.
Who has already paid the fines?
For fines already paid or for which the deadline has expired, it is not possible to appeal. But, according to the lawyer Luca Procaccinithose who have already paid fines could start one lawsuit against the Municipalities for unjust enrichment. This is because, Local Authorities have collected fines for violations detected by irregular speed cameras and the Supreme Court ruling could invalidate these fines.
Mario Contemayor of Treviso and president of Anci Veneto, proposed a solution to resolve the dispute linked to speed cameras: ask for a law that retroactively makes all speed cameras “approved”. For this reason, it will organize a video conference with the Minister of Infrastructure, Matteo Salvini.
This request, however, will probably not find the support of Salvini himself. In the recent speed camera decreeIn fact, the Minister points the finger at non-approved detectors, establishing that municipalities and provinces will have to remove speed cameras that do not comply with the new rules within 12 months.
Read also:
→ New rules on speed cameras
→ Speed limits
→ STREET CODE NOTICE Stay updated on all the news regarding the Highway Code.
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