The effects of the recent ruling of the Court of Cassation which sanctioned the nullity of fines taken with theSpeed Cameras if the device is only approved and not also approvedeffectively putting most of the devices present on Italian roads ‘outlawed’ (but some say all of them), are starting to make themselves heard and could slowly become disruptive: the local police of Pordenone he decided to turn off all speed cameras within its competence to prevent the Friulian municipality from being overwhelmed by one rain of appeals. It is the first Italian city to adopt such a decision after the now historic ruling.
PORDENONE SWITCHES OFF THE SPEED CAMERA FOR FEAR OF APPEALS
“At least until no clarity will be made on the concrete interpretation of the sentence“, the commander of the local police of Pordenone, Maurizio Zorzetto, explained to the Gazzettino, “the decision is this“. The shutdown, or perhaps it would be more correct to say the ‘freezing’ of speed cameras concerns the Municipalities of Pordenone And Cordenonsover which the competence of the municipal police of the capital of the Destra Tagliamento extends, and concerns both the devices for electronic speed control fixed that those mobile, speed cameras and lasers. The objective, as mentioned, is to avoid a flood of appeals in the wake of the media coverage that the Supreme Court ruling aroused.
VEHICLES REMAIN ACTIVE IN OTHER ROADS IN FRIULI
However, it is good to be careful because the speed cameras have only been turned off on the municipal roads of Pordenone (and Cordenons), which are the responsibility of the local police. However, those under the responsibility of the Friuli Venezia Giulia Region remain activegiven that the regional body has decided to adopt a less prudent policy towards devices for remote speed detection: “The network covered by FVG Strade currently keeps all speed control devices in operation, given the type of technology underlying them“, confirmed the regional councilor for Infrastructure, Cristina Amirante.
Speed cameras will therefore continue to issue fines on the Pontebbana in Codroipo, on the Napoleonica in Castions di Strada and on the Ferrata near Madrisio. The same goes for the detectors on the Valcellina road and for the new velox on the Cimpello-Sequals. The motorists and motorcyclists sanctioned on these roads will then decide whether or not to appeal.
CASSATION: WHY HOMOLOGATION AND APPROVAL ARE DIFFERENT
With the oft-cited ruling no. 10505 published on 18 April 2024, the Court of Cassation rejected the appeal of the Municipality of Treviso which affirmed the validity of the report with which a speeding by a motorist who was traveling at 97 km/h on a road with a speed limit of 90. The infringement was confirmed by a fixed Red & Speed-Evo-L2 device, not approved but only approved. Both the Justice of the Peace and the Court of Appeal had already decided to nullify the fine.
In particular, the Supreme Court defined as acceptable what was stated by the Judge of second instance, where distinguished the two processes of approval and homologation of the speed camera deviceas they have different characteristics, nature and purposes: theapproval ministerial, in fact, authorizes the serial reproduction of a device tested in the laboratory, with attribution of competence to the Ministry of Business and Made in Italy; L’approval it instead consists of a procedure that does not require the comparison of the appliance with characteristics considered fundamental or with particular requirements set out in the regulation.
Homologation, therefore, is a procedure which, although administrative like approval, also necessarily has a technical nature and serves to guarantee perfect functionality and the precision of the electronic instrument. Requirements that are the basis of the indispensable condition for legitimacy of the assessment.
