Since there is the current highway code, since 1992, the device approval procedure is missing, necessary to make the minutes valid: the approval is not sufficient and the sanctions can be considered illegitimate, after appeal. The Cassation says so
A country virtually without speed camera, in a situation where Since 1992 there are no rules (i.e. since the current highway code was originally approved) and that two recent ordinances of the Court of Cassation have led to the extreme: All fines are cancellable as long as it is resorted toalso through a complaint for false to the municipal police or road officers who had drawn up the minutes. A situation of chaos that it is worth summarizing with the maximum possible clarity.
domino effect
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THE’Article 45paragraph 6, of Traffic Laws Adopted in 1992, it already provided that all the equipment used in ascertaining the violations of the speed limits were subject to “approval or approval by the Ministry of Infrastructure and Transport”. AtArticle 142paragraph 6, is reiterated in a clearer way, however, that “for the determination of compliance with speed limits, the results of duly approved equipment” are considered sources of test “. With theapproval We mean the formal recognition by the Ministry of Infrastructure and Transport that a specific equipment can carry out the task of speed detector. With theapproval instead comes the practical verification On the construction standards of each device, on its effectiveness and therefore precision. The point is simple: although the approval has always been a necessary requirement to see a fixed or mobile speed camera work, not To date there is no procedure indicated by the law to carry it out. Chaos only needed to light up, and it is precisely what happened.
the void of the law
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Law 177 of 25/11/2024 introduced the highway code many changes, but it has sensationally lost the opportunity to put the long -awaited for the first time approval procedure For speed cameras. The alarm had already taken on April 18, 2024 with theOrdinance n. 10505with which the Court of Cassation reiterated that the excess fines are not valid if the detection appliance is not “approved”. There sanction, that is, it is illegitimate. Other pronouncements follow in the same direction, so much so that on March 21, 2025 the Government tries to run for cover. In seven articles in all that they want to reorder the use of speed cameras, an implementation decree indicates for the first time a detailed technical attachment that specifies the characteristics and approval procedures. But it is even more important as required by the article on transitional provisions: “the devices or systems approved in accordance with the provisions of the decree of the Minister of Infrastructure and Transport of the 13 June 2017n. 282, being compliant with the provisions of the technical annex, are to be considered office approved“. Therefore, the intention was that of regulate the future and regularize the past recent, but opening a huge chasm in the system. In fact, on about 100 different models of machinery used on the Italian territory, 86 were authorized before June 13, 2017, and therefore they were therefore off because they are not homologous even ex officio. On March 25, however, the government withdrawn the decree, before its approval, Get the situation again By now sensationally over in the spotlight.
Cancellable fines
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The effect of this reverse also reported the most recent speed cameras in an uncomfortable position, punctually sanctioned by two recent and additional ordinances. With the sentence 13996 there Court of Cassation he judged the assessment of the infringement through a device illegitimate Autovelox approved but not approvedwhile with the sentence 13997 Always on May 21 it went further. In the presence of minutes that expressly declare the speed camera as approved, made as we have seen impossible, the fine is considered annulable only if accompanied by lawsuit for false towards the municipal or road police officers who had drawn up. A legal action that can therefore be single or double, but which in any case lets the appeals directed towards a result predictable at this point.
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