In a ruling that could set a precedent, the Court of Cassation has “torn up” a fine issued with a speed camera on the ring road in Treviso. The reason? The fixed speed sensing equipment was approved but not type-approved. A quibble that could have significant repercussions, considering that in 2023 the Municipality of Treviso collected around eight million euros from fines, a majority portion of which comes from speed cameras on the ring road.
The Supreme Court ruling has definitively canceled a fine issued in 2021 with one of the speed cameras on the ring roadthe “Red& Speed Evo L2”, to a motorist from Treviso who was speeding at 97 per hour on the 90 limit. The Municipality’s appeal, after first and second degree sentences – justice of the peace and ordinary court – in favor of the motorist himself , was rejected by the Supreme Court in an order issued on April 19, 2024. “It is probable, indeed, very probable, that in light of this sentence, from tomorrow the justices of the peace will already cancel the fines of those who appeal”, explains a lawyer involved in the matter. For old fines, however, those who have already paid will have to put their minds at rest: “In that case there is no margin for appeal”.
In Ca’ Sugana, seat of the Municipality of Treviso, the sentence has generated quite a few concerns. The speed camera management service has been outsourced to a third-party company, e now we will have to understand if the approval has been carried out in all respects. Otherwise, the Municipality could see a barrage of appeals raining down on it, with motorists right. However, despite the authority of the precedent, the sentence “does not constitute jurisprudence – explains the lawyer – the precedent does not bind future sentences, it would do so if it had been issued in joint sections. The judge of first and second instance will be free to deviate “.
Lawyer Fabio Capraro, who has been waging a battle on approval for years, rejoices: “Finally a ruling that proves what we have been arguing for for some time right.” The Supreme Court ruling represents an important turning point in the panorama of traffic fines in Italy. While it could lead to a significant drop in revenue for municipalities, it represents an important step forward in protecting motorists’ rights.
