The various times and methods to be respected for appealing against a report received following a violation of the Highway Code. From the Prefect to the Justice of the Peace: the procedures, costs and documents to present
The risk of committing an infringement and, therefore, of running into one financial penalty For violation of the Highway Code it’s a major concern for even the most disciplined motorists and motorcyclists. On the other hand, according to the data released by the Traffic Police, in 2022 they were well contested 1,438,419 infringements of the Highway Code, among confirmed violations for speeding (421,973), driving licenses (30,560) and driving cards (40,019) withdrawn. As far as the purely economic aspect is concerned, however, the consumers’ association Codacons has estimated, through a specific elaboration, that the the municipality of Milan grossed more than 151 million euros in the last twelve months only thanks to the proceeds from traffic fines. The national figure, on the other hand, is close to half a billion euros, testifying to the high number of people who have seen each other deliver the dreaded green envelope to your home coming from a command of the municipal police force or, in any case, from a local administrative body. Contrary to what one might think, however, even after the postman’s visit it is possible to contest a fine for violation of the Highway Code. But how do you file an appeal? And who can do it? Let’s take a look at the various cases.
times and methods
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To lodge an appeal against a statement, it is necessary that: the fine has not already been paid. This is the first step for all those who intend to proceed to contest a fine. After the payment of the same, in fact, it is no longer possible to complete the aforementioned operation. The relevant reference is the Title VI of the Highway Codeby article 194 and subsequent ones of Chapter I and Section I. Specifically iThe appeal to a report can be filed by the offender, by the vehicle owner in the event of sanctions without immediate contestation or, in the event that the offense was committed by a minor, by the legal manager (whether a parent or guardian instead). In these cases, the temporary suspension of the finethe value of which is, in fact, frozen until the end of the proceeding (even when sixty days have been reached and/or exceeded from the date of the dispute). The same applies to the possible deduction of points on the driving licence. After that it is possible to choose between three options, different both in terms of timing and in the methods of submitting the application.
appeal to the prefect
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In the first case it is possible to submit administrative appeal to the Prefect within sixty days from the report of contestation of the violation or from the notification. To proceed, it is necessary to submit (on plain paper or using the appropriate form) the documentation that the appellant deems useful to support their reasons by means of a registered letter with acknowledgment of receipt or transmit it electronically, by means of certified electronic mail or other qualified certified electronic delivery service. Once the material has been examined, within one hundred and twenty days from the date of receipt of the documents, the Prefect has the right to accept the appeal or, in case of a negative result, will issue a reasoned dismissal order. It will then be up to the office or command to which the investigating body belongs, which will have the task of giving notice to the appellants. Net of the advantage of not being subject to the payment of a unified contribution, this solution implies, in the event of rejection, the payment of a double fine than that imposed during the investigation.
appeal to the justice of the peace
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Conversely, if the fine is contested by the Justice of the Peace you can start the appeal within thirty days from the ascertainment of the violation or from the delivery of the report. In this case the appellant will have to deposit the documentation, including his/her tax code and the offense report, at the registry office of the Justice of the Peace competent for the area, i.e. at the professional who works in the place where the offense was committed or ascertained. AND expected payment, by the appellant, of a contribution of 43 euros for penalties up to 1,033 euros. This is a contribution that grows progressively on the basis of the value of the case, with appeals from 1,033.01 to 1,100 euros which provide for a contribution of 43 euros plus 27 for expenses. For appeals from 1,100.01 to 5,200 euros, this rises to 98 euros plus 27 for expenses, while for penalties from 5,200.01 to 26,000 euros, a contribution of 237 euros is envisaged plus 27 for expenses. If the appeal is rejected by the judge, a fine is applied which may be equal to or higher than the initial one. Subsequently the appellant may decide to commit this decision in court.
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