There Cassation has issued a judgment (10505/2024) which accepts an appeal against a fine for speeding as the speed camera was not “approved” but only “approved“. Often in the reports of violations of the Highway Code for exceeding the speed limit it is reported that the device is “approved” or better “provided with calibration certificate and subjected to functionality testing” or simply “subjected to calibration” and no reference is made to the “approval” and related approval certificate.
As for example stated in one of the many reports issued to the undersigned while leaving Florence in the direction of Siena: Report No. 2426865, Register No. 282968/2022 of 02/04/2022, noted that on 13/03/2022 at 12:22 on a road with a speed limit of 70 km/h, a speed of 99 km/h was detected, reduction 5 km/h, net speed 94 km/h, difference of 24 km/hlocation Via Giovanni Agnelli, direction of travel 2,400 meters from the entrance to Marco Polo from Viale Europa towards the exit for the city of Florence, detection device SODI SCIENTIFICA AUTOVELOX 106 matr. CPU 948189, laser bar 947756, provided with calibration certificate Speed camera 106_29-09-21_947756 of 29/09/2021 and subjected to functionality verification as per the documentation available in the office files.
Thanks to the Supreme Court ruling, this is one of the many contestable minutes and for which it is possible to appeal to request thecancellation of the report.
Appeal against a fine from an unapproved speed camera, when it can be done
When can you appeal a speeding ticket with a high ticket using a speed camera? Check carefully what is written on the ticket you received for speeding detected by a speed camera, for example: “REPORT OF FINDING OF VIOLATION OF THE HIGHWAY CODE pursuant to art. 142 paragraph 8 because the speed limit was exceeded“; pay attention to the part where it talks about the meter used, or rather the”Detection Device“.
You can win an appeal against a speeding ticket when the report relating to the device used only states:
– “Provided with calibration certificate and subjected to functionality check“
– “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 an appeal against a report which states “Approved for operation…. by the Ministry of Infrastructure and Transport with Decree no. XX of YYY, subjected to calibration, whose perfect functionality was verified before use….“.
Appeal Won Against Non-Approved Speed Camera Fine
But let’s get to the appeal won for a fine issued by another unapproved speed camera. In this specific case, the Municipality of Treviso lost the case, since the Cassation accepted the appeal of a lawyer who, as a motorist, had received a speeding ticket for travelling at 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 driving on a ring road in Northern Italy at 97 km/h instead of the prescribed 90 km/h. During the legal proceedings, it emerged investigations according to which the equipment was found to be ““approved” but not “homologated”. This fact led to the acceptance of the appeal presented by the motorist, who contested the substantial difference between “approved” and “homologated”.
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 prototype approval.
L‘approval authorizes the mass production of a laboratory-tested instrument, guaranteeing its 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 homologation and approval, they are not relevantsince the two terms are different both formally and substantially.
Speed camera fine appeal approved not approved
The Supreme Court ruling could cancel many speeding tickets if appealed. The director of the National Association of Italian Municipalities (ANCI) of Veneto, Charles Rapicavolihe in fact admitted that Most speed cameras are only “approved” and not type-approved. Drivers can request that fines be annulled if the speed camera is not approved, the appeal states.
The law provides for the possibility of doing so appeal within 60 days from the date of contestation or notification of the violation, before the Prefectwithout any cost. If the application is rejected, you must pay the double the penalty. Alternatively, you can submit appeal within 30 days before the justice of the peacebut it will be necessary to pay the unified contribution. To check if a speed camera is approved, you can do it 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 terms have expired, it is not possible to appeal. But, according to the lawyer Luca Procaccinithose who have already paid the fines could start a lawsuit against municipalities for unjust enrichment. This is because, the Local Authorities have collected fines for violations detected by irregular speed cameras and the Supreme Court ruling could invalidate such fines.
Mario Contemayor of Treviso and president of Anci Veneto, has proposed a solution to resolve the dispute related to speed cameras: ask for a law that retroactively makes all speed cameras “approved”. For this reason, he will organize a video conference with the Minister of Infrastructure, Matthew 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.
Speed cameras turned off in Pordenone
After the Supreme Court ruling, the Municipality of Pordenone has decided to deactivate all speed cameras on its territory to avoid a possible wave of appeals. The ruling emphasized that the speed camera had only been approved and not homologated, which, as we have seen, led to the cancellation of the fine.
Read also:
→ New rules on speed cameras
→ Speed limits
→ HIGHWAY CODE NOTICE Stay up to date on all the news regarding the Highway Code.
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