“Approved” and not just “authorized” speed cameras: what happens now to fines and what to do after the Supreme Court’s decision

It is not the first time that the Court of Cassation speaks of “obligation of approval” for speed cameras. He had already done so in previous years: this time, however, he writes, in black and white and clearly, that the mere “approval” of the instrument by the Ministry of Infrastructure and Transport is not enough but it is […]

It’s not the first time that Court of Cassation Talks about “approval requirement” for the Speed ​​Cameras. He had already done so in previous years: this time, however, he writes, in black and white and clearly, that “approval” alone is not enough of the instrument by the Ministry of Infrastructure and Transport but “approval” from the Ministry of Economic Development is also necessary (today Ministry of Business and Made in Italy). Two distinct procedures, according to the judges of the second civil section of the Palazzaccio, who for this reason agreed with one motorist Venetian who obtained thecancellation of the fine for speeding. However, there is another fact to take into consideration. In Italy no speed cameras are approved and simply because the ministerial regulation is missing which was to establish it and the “European and national standards”. Speed ​​cameras are like that only approved from Mit. So what happens now? Are all fines voidable? Is it necessary and useful to appeal?

The regulatory confusion and the sentences – The problem of the distinction or equivalence between type-approval or approval of speed control devices dates back over time and over the years has repeatedly hit the pages of newspapers. The substantive sentences there were many and sometimes they proved the drivers right, other times they didn’t. Over the years the Ministry of Infrastructure and Transport has intervened several times to clarify the “substantial equivalence” between “the homologation and approval procedures” and the consequent “validity” of the devices even if only approved: to do so the ministry cited all the regulations where homologation “or” approval was mentioned, believing it was clear that this was aalternative. The Supreme Court, however, dismantles the reconstruction of the ministry by focusing everything onarticle 142 of the Traffic Laws: “For determining compliance with speed limits, the results of duly approved equipment are considered sources of proof – we read in paragraph 6”.

Who can appeal? – And if no speed camera is approved, are the sanctions void for everyone? The Supreme Court’s decision has created so much confusion. First of all nothing changes for fines already paid or those for whom they are deadlines have expired (30 days for appeal to the justice of the peace, 60 days before the Prefect). However, those who still have time to appeal or those who will receive a fine in the next few days could probably have some more possibilities to have the fine cancelled, after having requested access to the documents from the Municipality (or the competent body) to ask whether the speed camera was approved or not. It must be kept in mind that if the appeal to the Prefect were to be rejected, the recipient of the sanction would be forced to pay double the fine.

Is cancellation of the fine a given? – There will certainly be no mass cancellations. The media coverage obtained by the Supreme Court’s decision risks causing a river of appeals: but for the appellant nothing is taken for granted. The Supreme Court’s order does not automatically apply to other cases and, among other things, the trial judge is not obliged to follow that direction. Ironically, if a new case reached the Court of Cassation, the Palazzaccio magistrates might even change their opinion. Precisely in the latest order the judges themselves define the question “objectively controversial (also as emerging from no univocal jurisprudence trained in this regard)”. Meanwhile, the ministry assures them that they are working to try to resolve the problem. Only way to close, once and for all, a question that has been open for decades.