Hated and feared by every driver, traveling in Italy has become increasingly stressful, at least in recent years. With over 11,000 devices installed, Italy ranks first among European countries with the most functioning speed cameras. For a tourist navigating through the beautiful medieval villages or vast countryside, avoiding strategically placed speed cameras can be challenging, especially if you’re unfamiliar with the area.
But what if I told you there might be a loophole to challenge the ticket and therefore have the right not to pay it?
The new ruling from the Court of Cassation
The bureaucratic breakthrough with a glimmer of hope for drivers came when the Court of Cassation upheld an appeal by a lawyer. His client had received a speeding ticket for traveling at 97 km/h on a road with a limit of 90 km/h.
The lawyer’s defense was based on a regulatory loophole since currently the law makes no distinction between approved and homologated speed cameras. The speed camera in question, which fined the driver from Treviso, was authorized by the Ministry of Infrastructure but had not been subjected to certification. For this reason, the Court of Cassation upheld the lawyer’s defense, and the driver is not required to pay the fine received.
A breakthrough not only for us residents in Italy but also for tourists who often, unaware of the large number of speed cameras on our roads, can incur hefty fines without even realizing it.
What to do if You Receive a ticket from not homologated speed cameras
Firstly, being certain that the speed camera that fined you is not homologated is not simple. The distinction between homologated and simply authorized speed cameras is not based on external characteristics of the device, so you cannot confirm just by looking at it. In fact, if you find yourself in this situation, I advise you to:
- Check online for news of other drivers in your same situation.
- Request access to the documents and verify that the speed camera is indeed approved. The number and year of installation, which are reported in the report, can be used to recognize the speed camera.
- Check the municipality’s website to see if details about the device in question have been made public.
How to appeal
Once you have confirmation of the lack of approval, there are several avenues you can take to assert your rights.
Appeal to the prefect
In this case, you must appeal within 60 days of receiving the fine, but be careful, if the appeal is rejected, you would be required to pay double the fine. If accepted, however, there is no cost to bear.
Appeal to the Justice of the Peace
To appeal to the Justice of the Peace, you must pay a stamp duty of 43 Euros for fines under 1,033 Euros. This is a more detailed and thorough procedure, and the request must be submitted within 30 days of the fine.
The situation of speed cameras in Italy is truly complex, even for us citizens. For any information and to travel more safely and enjoy your stay here, I recommend taking a look at the following guides and news.
