He does not communicate who was driving and receives a second fine, motorist wins the appeal

He does not communicate who was driving and receives a second fine, motorist wins the appeal
He does not communicate who was driving and receives a second fine, motorist wins the appeal
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He had been fined along the Treviso ring road, “caught” by one of the controversial speed cameras for which approval was not obtained. And the man, a 50-year-old professional from Treviso who had received a 150 euro fine at home but above all a three-point deduction from his license, had appealed to the Justice of the Peace and had the fine canceled. But some time later another “letter” with a green envelope arrived from the Municipality of Treviso: this time a second fine, of 228 euros, for not communicating who was actually behind the wheel of the vehicle. But even this claim was returned to the sender: today, 24 November, the justice of the peace again agreed with him, canceling the sanction.

The reason for the decision? Simple: the first lawsuit was won given that the fine was to be considered invalid due to a defect in the instrument’s homologation. The second, in reality, would have been mere persistence: it was clear that it was the man who had been driving the car, since he had appealed not only against the financial penalty but in particular against the deduction of points from the license. “A bureaucratic mess that ended well in the end – explains the professional – but frankly I did not understand the persistence of the municipal administration which forced me to present two cases in court”.

The story dates back to last spring when the 50-year-old was traveling along the Treviso ring road. At home, after about a week, he gets a fine, issued after reading the speed made by a speed camera at a fixed location. Assisted by the lawyer Fabio Capraro, the motorist immediately appeals, arguing that the device used to detect the infringement has never been approved by the Ministry of Economic Development. There would be only a mere approval intervened with managerial determination of the Ministry of Infrastructure and Transport but the two procedures, the approval and the approval, would in reality be clearly different procedures.

In October, the man wins the appeal presented before the justice of the peace. But a few days later he was notified of the second fine, the one issued for not having communicated the data in time by the driver. In fact, the law in question prescribes that the declaration of who was actually driving the vehicle must take place within two months of the dispute. In the event that, without a valid reason, these elements are not provided, you will receive a second administrative fine, of an amount ranging from 282 to 1,142 euros, without however suffering the penalty of points removed from the licence.

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The 50-year-old, in addition to being in good faith (he was behind the wheel and for this reason did not communicate) however won the main cause. The additional fine made no sense at that point, as the first one had been cancelled.

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The article is in Italian

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