“Citizens will have greater protections.” According to lawyer Flavio Nuti, who has always been at the forefront of legal battles on the subject, the new decree on speed cameras introduces for the first time precise controls and responsibilities for those who install the devices.
Read more Died at 30 the daughter of coach Silvio Baldini
Lawyer, what should those who received a fine from one of these 850 now turned-off devices do?
“We must start from a fixed point: the law is not retroactive. The decree came into force on July 12, after its publication in the Official Gazette on the 11th. The devices that, according to the new decree, had already been approved, were formally homologated with retroactive effect as provided by article 6 annex B and retain the validity of fines issued before the entry into force. The situation is different for devices that had only been approved but do not fall under the retroactive homologation referred to in annex B to article 6. For these, the fines issued are null and therefore an appeal remains necessary.”
Until today, the main reason for appeal was the lack of homologation. Has anything changed?
“Yes, a lot has changed. Three Supreme Court rulings had clarified that the approval of the device does not equate to homologation, and this had led to the annulment of many fines issued by devices that were only approved. The new decree fills that gap. It finally sets the technical requirements and the procedure that manufacturers must follow to obtain homologation. The prototype is submitted to the ministry, evaluated, and only after approval does production of the devices begin, which must conform to the prototype and be accompanied by a certificate of conformity issued by the manufacturer.”
Read more Spotorno, 15-year-old dies electrocuted at the amusement park
So the protection for the citizen increases?
“Definitely. The decree does not stop at the initial certification. It also introduces continuous control over the effectiveness of the device over time, the updating of the software that manages it, and calibration. An important result. Previously, the functionality check was often certified by the same operator who installed the device, almost as a matter of routine. With the new decree, however, the functionality check, in addition to the initial and periodic calibration, must be certified by a third party, an independent metrology institute. It is an additional guarantee for the citizen.”
So the reasons for future appeals will also change?
“Yes. It will no longer be enough to claim only the lack of homologation. It will be necessary to verify, case by case, whether the device has undergone periodic functionality checks, whether it was installed according to the technical manual, the correct placement of the station, and the warning signage (200 meters before urban roads, one km before highways and extra-urban roads). Furthermore, every device, whether fixed or mobile, must be authorized by the Prefecture after verifying the necessary requirements. These are all elements that affect the validity of the assessment.”
What changes for the municipalities and administrations that will install speed cameras?
“In my opinion, this decree, more than the previous ones, reflects the guarantees of article 97 of the Constitution, namely impartiality and good performance of the public administration. The entity that installs the speed camera cannot also be the only controller of itself, but must follow a precise technical protocol. If it does not, that is where the defect arises that can lead to the annulment of the sanction.”
Are there also limits on where and how speed cameras can be installed?
“Yes, the decree confirms thresholds for detection: in urban centers, devices can only detect speeds equal to or greater than 50 km/h, while on extra-urban roads and highways the minimum detectable threshold cannot be sanctioned if it is less than 20 km/h below the speed limit of the type of road. My advice is: check whether the device that issued the fine is included in the list of devices homologated by the new decree, and secondly, verify compliance with the usage protocol and the other requirements indicated above. If not, proceed with the appeal.”
