The minutes contested for the non-approved equipment supplied to the Municipalities increased
BELLUNO. Speed meters under scrutiny. A consortium of lawyers is even born. The justices of the peace are working a lot on the fines contested by motorists who received the speeding report at home with attached photograph. And more and more often they cancel them, because the speed camera or the scout speed are not homologated, but only approved.
For the Ministry of Infrastructure and Transport it is the same thing, while for the judiciary, homologation and approval are not synonymous: homologation requires that the equipment used to detect infringements must have “fundamental characteristics or particular requirements” pursuant to the Regulation of execution and implementation of the Highway Code, while for other minor infringements only approval would be sufficient.
Devices under review
To name a few, the speed cameras in Case Fagherazzi along the Sp1 (Belluno) and in Scalon (Quero Vas) are not approved. In Feltre they await the sentence of the Court of Cassation on the Scout speed, the device that was mounted on the cars of the local police. The Municipality resisted until the third degree of judgment, after a motorist had challenged a fine that was declared illegitimate by both the justice of the peace and the Court of Belluno on appeal.
The driver is defended by the Treviso lawyer Fabio Capraro, who before dedicating himself, among other things, to speed cameras, had dealt with the breathalysers supplied to the police forces, regarding their approval and the periodic checks to which they must be subjected. : «The hearing in the Cassation took place last July 13 and we have not yet received the sentence. Neither we nor the Municipality of Feltre. As for Quero Vas, the municipal administration has not yet appealed the story of the speed camera at the entrance to the tunnel heading south. Yet it continues to work and take photographs. The fines must be challenged, until perhaps there is an order for the seizure of the equipment. Meanwhile, I and other colleagues have founded the Legal Protection Center, which will deal with these cases with increasing commitment ».
Five fines already canceled
Five fines have already been canceled by the Justice of the Peace of Belluno, following an appeal by motorists pinched to travel beyond the limits: two were made by the speed camera at Case Fagherazzi (Belluno), three by the one installed in Quero Vas . And it is precisely the risk that the Municipality will have to resist an avalanche of appeals in court that has prompted the councilor Franco Roccon to ask the mayor to turn off the device along the Sp1 until the expressions “approval” and “approval” are clarified. “.
The case in council in Belluno
Mayor Massaro recalls that «the rules of the Highway Code speak indiscriminately of approval and homologation, two different words but which are synonymous for the implementing decree. The justice of the peace instead believes that they are not. The issue is delicate, because in truth there is no homologated speed camera in Italy, because there are no technical reference standards: if our speed camera is out of standard, they all are ».
Massaro hopes that a clarification will arrive from the state, in the meantime Roccon will report the case to the city council, this time with a motion: “The velox on the Sp1 must be turned off until it is clarified,” concludes the leader of the Civiltà Bellunese. “We risk having to resist many appeals, which also cost the Municipality.”