I received a speeding ticket detected by a speed camera. With the new decree on the approval of devices, can I contest the ticket?
B.G.
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The decree of the Ministry of Infrastructure and Transport dated June 8, 2026, which regulates the characteristics, requirements, and procedures for approval, calibration, and functionality verification of instruments used to ascertain speed limit violations, has been published in the Official Gazette.
The provision attempts to bring order to a subject that, in recent years, has given rise to numerous appeals and not always uniform interpretations by judges, especially due to the distinction between devices simply “approved” and those actually “approved type-approved”.
Article 1 establishes that the approval concerns the prototype of the device and aims to verify that devices produced according to that model are suitable for measuring vehicle speed. The related approval decree is issued by the Ministry of Infrastructure and Transport and allows the manufacturer to produce and market units corresponding to the authorized prototype.
However, it is not enough that the model has been approved. Each individual device must also undergo checks to verify that it conforms to the prototype and continues to function correctly. These checks are carried out by bodies authorized by the Ministry and may concern both the production process and the devices present at installations, the commercial network, or already used by enforcement authorities.
Every speed camera must undergo an initial calibration before entering service, annual periodic calibrations, and the required functionality checks. If any of these checks fail, the device cannot be used until the conditions of conformity and proper functioning are restored.
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The decree also establishes precise maximum technical error margins: up to a speed of 100 kilometers per hour, the allowed error is 3 kilometers per hour, while above this threshold it is 3 percent of the measured speed. These values concern the technical requirements of the devices and should not be confused with the reduction applied, for sanction purposes, to the detected speed.
The data management methods also change. The instruments must only retain detections related to actual violations, while the collected information must be encrypted and digitally signed to ensure authenticity, integrity, and immutability.
A specific regulation is provided for already installed speed cameras. These can continue to be used only when the requirements established by the transitional regime are met and they comply with the certification of conformity, calibration, and functionality checks. For some prototypes approved before the 2017 ministerial regulation, the owner can also apply for approval according to the new procedures.
However, the publication of the decree does not automatically nullify all tickets already issued, nor does it lead to the generalized suspension of speed cameras. The legitimacy of each ticket must be assessed concretely, verifying the type of device used, the ministerial provision related to the model, the date of the detection, and the validity of the calibration and functionality certifications.
Legal help desk service: Il Tirreno relies on the competent and qualified collaboration of the law firm Depresbìteris-Scura. The professionals of this firm answer weekly questions sent to sportellolegale@iltirreno.it.
