Rome, April 17, 2022 – Speed Cameras e many. Waiting for decree government that will have to establish certain rules and thus avoid traps for motorists – we remember the all-Italian record of more than that 8 thousand plants – here are the key judgments that led all over Italy toannulment of fines for speeding. From the obligation of calibration yearly toburden of the proof to be borne by the assessing body. How to defend yourself when the sanction is illegitimate.
1. Annual calibration and verification obligation
The sentence of the Constitutional Court number 113 of June 18, 2015. Basic text, reference for many appeals to justices of the peace. For the fines to be valid, all equipment used in ascertaining speed limits must be subject to mandatory periodic checks from functionality and calibration.
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2. The report without photos is not valid
High fines with speed cameras a automatic operation they can be annulled in the event of an appeal if the person who raised the sanction does not produce in court the photo used to prove the same traffic offense. This was established by the judgment 2430 of 2021 signed by a justice of the peace of Cassino. Which refers the burden of proof to the investigating body. For example, photographic reliefs that make it possible to clearly read the vehicle license plate or to trace the car model.
3. Scout Speed must also be reported
A fine with Scout Speed – so far the invisible speed camera – for speeding canceled by the Supreme Court. Which in the ordinance 29595/2021 established: the highway code is always right, the controls they must be visible. Therefore, the obligation to pre-report the control station also applies in this case.
4. There is no fine if the road does not meet certain requirements
The ruling 621 of 2021 signed by a justice of the peace in Milan, it has established that the high fine for speeding through speed cameras should be considered void if the urban road does not meet the requirements of the code. The presence of the quay is fundamental.
5. Approval and approval are separate
There are now many judgments that have established a fundamental principle, homologation and approval of speed cameras they are not equivalent procedures (as the ministry would tend to consider them instead). A principle reaffirmed also by the justice of the peace of Belluno in the judgment 119 of 2021 which recalls article 192 of the CDS implementation regulation.