A recent ruling by the Supreme Court could represent a serious blow for the coffers of the Municipalities and for the speed camera system.
A ruling from the Supreme Court could unleash real chaos in the fine system for speeding. The decision, in fact, opens the way to thousands of appeals by motorists who have received a fine from non-approved speed cameras.
It all started with the case of Andrea Nalesso, a lawyer from Treviso who was fined for exceeding the speed limit by 7 km/h. Speed Limit on the ring road. His fine was canceled because the speed camera that detected him was not approved.
The ruling established that the authorization from the Ministry of Transport, which municipalities often mistake for approval, is not sufficient. To be valid, speed cameras must have a certificate approval issued by a designated body.
According to estimates, most of the Speed Cameras used in Italy is not approved. This means that millions of fines could be illegitimate and Municipalities could be forced to reimburse them, with interest, to citizens who appeal.
The situation is particularly worrying for municipalities that have already collected fines. In Veneto alone, it is estimated that they are at risk approximately 16 million euros. Added to this are the legal costs that Municipalities will have to face in the event of appeals won by motorists. While waiting for new legislation to clarify the issue, it is advisable for anyone who receives a fine from a non-approved speed camera to appeal.
The appeal to the prefect within 60 days of the sanction, it is free, but in case of a negative outcome the fine doubles. However, if you resort to the Justice of the Peace, there is a fee, but it offers greater guarantees of success. In both cases, it is advisable to be assisted by a lawyer experienced in the matter.
The Supreme Court ruling represents a severe blow for the coffers of the Municipalities and for the speed control system on Italian roads. At this point an intervention by the Ministry of Transport would be necessary to clarify the legislation and to avoid a chaos of appeals and disputes.
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