Unapproved Speed Cameras: How to Spot Them

Understanding the Difference Between Approved and Approved Speed Cameras in Italy

Recent legal disputes in Italy have brought attention to the issue of speed cameras not being properly homologated.
A ruling by the Court of Cassation has highlighted the distinction between approval and homologation of speed cameras, causing concern among local municipalities.

Approved vs.
Homologated: What’s the Difference?

The Court of Cassation clarified that while approval from the Ministry of Infrastructure is required, it is not sufficient for homologation.
Homologation involves a more detailed technical verification process.
The lack of clear regulations in this area has led to concerns about the legitimacy of fines issued based on data from speed cameras that are approved but not homologated.

According to Article 195 of the Road Code Implementation Regulation, approval and homologation are distinct concepts.
Approval simply allows the use of a specific model that meets regulatory standards, while homologation involves a more thorough technical evaluation for mass production authorization.

Identifying Homologated Speed Cameras

Distinguishing between approved and homologated speed cameras is crucial.
The information indicating homologation status is typically found in the violation report.
If the camera is only described as “Regularly approved by the competent Ministry,” it may lack homologation.

To verify if a speed camera is homologated, one can request the decree referenced in the violation report.
If the document mentions approval rather than homologation, the camera may not meet all legal requirements.

What to Do if the Speed Camera is Not Homologated

If a speed camera is not homologated, seeking legal advice is recommended.
There are two main courses of action:

1.
Appeal to the Prefect within 60 days of the fine.
While there are no initial costs, a rejected appeal may result in a doubled fine.

2.
File a claim with the Justice of the Peace within 30 days of the fine.
This option involves a more detailed legal process and requires a €43 stamp duty for fines up to €1,033, with higher amounts in case of larger fines.

Choosing the best course of action depends on personal preferences and the specific case.
Legal counsel is advisable, especially for significant fines, to determine the most effective approach for appealing the penalty.

For further information on challenging fines, you can also read: How to Contest a Fine.