Across the border, weapons are being sharpened to counter those crafty people with cars registered in Switzerland.
Keystone / Ti-Press / Francesca Agosta
The request for compensation of 55,000 euros (plus interest) made by a Ticino company for the collection of fines inflicted on confederate motorists was rejected by the Magistrates’ Court of Lugano. But the dispute continues…
This content was published on
June 26, 2024 – 4.40pm
A new chapter in the age-old controversy which sees drivers and local authorities opposing each other on both sides of the border has taken place in recent days with the decision of the deputy magistrate of Lugano, called to express his opinion on a dispute concerning the collection service for fines not paid in the Confederation.
Requested compensation of 55,000 euros
On the one hand the Municipality of Como and a Tuscan debt collection company, Nivi Credit, and on the other a company active in the same branch but in Ticino, LT Credit Sagl, which demanded the payment of 55,000 euros (plus interests). Amount requested for the collection of fines imposed in the Como area on cars registered in the Confederation in the two-year period 2018-2019 in favor of the former and, indirectly, of the municipal coffers. In fact, LT Credit claimed to have a credit of such magnitude that it had not been paid.
Other developments
Other developments
The bad habits of Swiss drivers in Italy
This content was published at
26 Jan 2018
The Municipality of Como decided to relaunch an old complaint on Tuesday. In the first nine months of 2017, out of 337,000 euros of fines imposed on motorists driving vehicles with Swiss license plates, the Como authorities collected only 47,000 euros. Just 14%. Things went a little better with Italian motorists: on…
Read more The bad habits of Swiss drivers in Italy
The whole story began in 2018 when the Como authorities – more precisely the municipal police – to try to recover the proceeds of outstanding fines from foreign citizens, contracted the collection service to the first company, which once made use of the collaboration of LT Credit of Lugano. And the latter, to obtain the disputed amount, called the Como administration to jointly respond in a courtroom.
For the record, the magistrate of Lugano rejected the compensation claim advanced by the Swiss company, but in the background remains the much more complex dispute, with mutual accusations regarding the behavior of allegedly undisciplined and non-compliant motorists who as soon as they cross the border hope to be able to evade the rules of the highway code, trusting in bureaucratic technicalities.
Online disputes
On social networks and in the most profiled newspapers, images are continuously published in which not entirely orthodox behavior is immortalized, in particular cars prohibited from parking in unusual places or places of particular urban planning value. Naturally, these behaviors are then explained with the presumed immunity that undisciplined drivers would theoretically enjoy who speculate on the fact that they live abroad, where it is more difficult to enforce the payment of fines.
Precisely with the aim of recovering the outstanding sums, which according to some estimates amount to 80% of the amount owed, the mayor of Como has declared war on the crafty drivers. Already during the 2022 electoral campaign that brought him to Palazzo Cernezzi, Alessandro Rapinese evoked the “tow truck only for the Swiss” with which to convince, through the threat of forced removal of the vehicle, confederate motorists to pay the sums of fines. It goes without saying that that specific vehicle, intended for such a theoretical small circle, was never inaugurated on the banks of the Lario.
TCS advice: pay!
In any case, it is worth following the recommendations of associations and bodies active in this area. In this regard, the Swiss Touring Club (TCS) always generally invites you to pay fines received abroad as failure to comply with this obligation can result in even heavier sanctions for violators. “If an infringement has been committed, recognized and justified, the TCS recommends always paying the fine within the established deadlines, in order not to incur high reminder costs and to benefit from any reductions linked to the timely payment of the fine, which may arrive up to 30% depending on the country”, specifies Massimo Gonnella, spokesperson for the Swiss association for assistance to drivers.
Since the notification of fines to foreign motorists is agreed within the framework of the Schengen Agreement and other agreements signed by Switzerland with various European countries, deciding not to pay a fine, explains the TCS, can lead to much more serious sanctions, such as stopping or confining the vehicle. An eventuality, which for example during a holiday, can ruin it.
Other developments
Other developments
From fine to prison: the consequences of driving badly
This content was published on
26 Oct 2023
Traffic rules change between Italy and Switzerland and it is not always easy to understand what to do, especially in the event of an infringement.
More From fine to prison: the consequences of driving badly
In any case, the foreign authority is required to notify the person concerned of the contravention within 360 days of the date of the infringement (in the event that the punishable conduct is committed on a rental vehicle, the 360-day period begins to run from the day on which the responsible company communicates the data of the driver).
Appeals to be carefully evaluated
Naturally, there is the possibility of opposing the administrative measure, but it is necessary to carefully evaluate all the implications of this choice which can often prove to be less than appropriate.
If the person believes they have been unfairly sanctioned, they can file an appeal with the Prefect within the legal deadlines, underlines Massimo Gonnella. “There is always the possibility of contesting the validity of the sanction, which must be exercised within 60 days from the date of notification, if the offender resides abroad, of the infringement”. However, it is important to be well aware that “if an appeal is lost, the amount of the fine can increase significantly, also adding the various procedural costs to be paid by the driver”.
Costs which are also amplified in the event that the Italian authority, in the absence of spontaneous payment by the foreign offender, “decides to take legal action, through a collection company”. In this case, “legal expenses may be added to the amount of the fine, for the possible translation of a document, notification and other costs connected with the procedure”.
Pay attention to highway toll receipts
In this regard, it is also recommended to keep proof of payment of motorway tolls. In fact, it has happened to Swiss motorists who, due to administrative errors or oversights by the motorway management company itself, have appointed an agency to collect the tolls erroneously attributed to Swiss drivers. And these tolls, underlines the TCS spokesperson, are prescribed only after 10 years.
It is also very easy for foreigners to encounter a transit ban, also due to complicated regulations and insufficient signage, in a restricted traffic zone in urban centers or other areas reserved for residents or public transport.
In the end therefore, when a fine is notified by a collection company by registered letter, the only reasonable advice that is advocated by the TCS is to “react immediately, that is, pay the requested amount”.
License revoked for reckless conduct abroad
A final aspect worth considering in this context concerns the potential consequences in the homeland of conduct sanctioned abroad. If you are banned from driving in a foreign country for a moderate or serious offense under Swiss law, always observe
Massimo Gonnella, the license can be withdrawn by the Swiss authorities. Speeding at 30 km/h on a motorway in Italy, for example, “is considered a medium infringement under Swiss law, which can result in a one-month driving ban, if a similar measure has been taken by the authorities. Italian authorities”.
Other developments
Further developments
Risk of tow truck for Swiss cars in Como
This content was published on
May 26, 2022
Too many unpaid fines by drivers of cars with Swiss license plates and in Como a mayoral candidate proposes to intervene by clearing the vehicles with a tow truck.
More Risk of tow truck for Swiss cars in Como
In this regard, it should be underlined that warnings and license withdrawals are recorded in the Swiss register of administrative measures, for a duration that cannot exceed that of the driving ban imposed abroad. Unless the sanctioned person is a repeat offender: in this case the suspension of the driving permit may expire within a longer period.
