And here is a comment from reader Pablo, dated, which other people may find interesting: Many posts above complain about the Italian authorities delay in notifying traffic penalties and their insistence on communicating in Italian. Fear not the law is on your side, as I think both issues contravene the european Convention on Human Rights, specifically part i article 6: 1 In the determination of his civil rights and obligations or of any criminal charge against him, everyone is entitled. Judgement shall be pronounced publicly but the press and public may be excluded from all or part of the trial in the interest of morals, public order or national security in a democratic society, where the interests of juveniles or the protection of the private. 2 everyone charged with a criminal offence shall be presumed innocent until proved guilty according to law. 3 everyone charged with a criminal offence has the following minimum rights: (a) to be informed promptly, in a language which he understands and in detail, of the nature and cause of the accusation against him; (b) to have adequate time and facilities for the. Note: This should not be confused with Article 6 of the ec treaty referred to in Alexs 17 Feb Important Update at the top of this blog. Key words/phrases italicised above are within a reasonable time, presumed innocent, promptly, in a language which he understands, in detail and free interpreter. You must be told promptly of an accusation presumably so you can recall the circumstances of the incident and collect any evidence you need while memories are still fresh.
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(When you are caught in the act parking in the wrong your place, for example or flagged down by a policeman, the fine must be served on the person who committed the offence within 100 days of the violation being committed) The relevance the ec -v. to stand any chance of using the c-224/oo argument successfully would mean taking the matter to higher level courts read engaging the services of a lawyer the cost of which is likely to be much, much higher than the level of the fines involved. At the end of the day, the situation for foreign motorists who commit driving offences in Italy has not changed. Alex roe end of September 4 revisions update 17 February 2010 please also see the 6th April 2010 Update below revised: reader Peter has very kindly drawn my attention to the called ec -v- italian Republic, case no c-224/00. . The text of the case which is available in English and other European languages, can be seen here: Judgment of the court (Sixth Chamber) of Commission of the european Communities v italian Republic. Failure by a member State to fulfil its obligations Article 6 of the ec treaty (now, after amendment, Article 12 EC) difference in treatment of persons contravening the highway code according to the place of registration of their vehicle proportionality. In essence, it does book look as though the fines European Union citizens have been receiving are, and always have been invalid. Again, i would reiterate that i am not a lawyer, so i cannot be sure, but I would repeat Peters suggestion that if you are a european Union resident and you have received a fine more than 210 days after an offence, you should write. If this does not get the Italian authorities off your back then speak to a lawyer (class actions are possible in Italy now -and i know a good firm of lawyers too!). In summary if you received a fine for any motoring offence after 210 days, and you are an eu citizen, you may be able to refuse to pay on the basis of C-224/00.
201,1 notificazione delle violazioni (Notifcation of violations) For foreign residents the 360 day period for sending out fines is unchanged. 201,1 notificazione delle violazioni. Qualora la violazione non possa essere immediatamente contestata, il verbale, con gli estremi precisi e dettagliati della violazione e con la indicazione dei motivi che hanno reso impossibile la contestazione immediata, deve, entro novanta giorni (within 90 days) dallaccertamento, essere notificato alleffettivo trasgressore o, quando. 196, quale risulta dai pubblici registri alla data dellaccertamento. Se si tratta di ciclomotore la notificazione deve essere fatta allintestatario del contrassegno di identificazione. Nel caso di accertamento della violazione nei confronti dellintestatario del veicolo che abbia dichiarato il domicilio legale ai sensi entry dellarticolo 134, comma 1-bis, la notificazione del verbale e validamente eseguita quando sia stata effettuata presso il medesimo domicilio legale dichiarato dallinteressato. Qualora leffettivo trasgressore od altro dei soggetti obbligati sia identificato successivamente alla commissione della violazione la notificazione puo essere effettuata agli stessi entro novanta giorni dalla data in cui risultino dai pubblici registri o nellarchivio nazionale dei veicoli lintestazione del veicolo e le altre indicazioni. Per i residenti allestero la notifica deve essere effettuata entro trecentosessanta giorni dallaccertamento. Quando la violazione sia stata contestata immediatamente al trasgressore, il verbale deve essere notificato ad uno dei soggetti individuati ai sensi dellarticolo 196 entro cento giorni dallaccertamento della violazione.
Remember though, i am not a lawyer. Corrections received from reader Al thanks, Al! Prevention is often better than cure. Some readers, iphone users, for example, may be interested to hear that there is an iPhone app lication which can warn you type of the presence of speed cameras its called iSpeedCam Italy, and can be bought here for a couple of dollars: iSpeedCam Italy. For those who do not have iphones, try m or for gps speed camera detectors but before you buy something, make sure it will work in Italy. Note that the older type radar detectors are illegal in most European countries, and you will be fined if you are caught using one. Section 2 general background on the issue of receiving fines for driving offences committed in Italy revisions listing to Italys highway code have been approved by the Italian parliament new law.120, dated ince august 13th 2010, the amount of time traffic fines have.
However, as lawyers the world over will confirm, judges can be unpredictable creatures, so the outcome of any appeal can never be 100 certain. Should an appeal to a justice of the peace be unsuccessful, an appeal to a higher level court in Italy may be possible but it will be very expensive, and time consuming. . Legal fees alone are likely to exceed the amount of any fine. Time limits Note first, and as I mentioned at the start of this section, the time the Italian authorities have to send out fines is changing but one crucial aspect is not the statutory time limit which is the length of time which passes before. This period is 5 years from the date of the offence was committed, as far as both Al, who has been reading up on this, and i am aware. While ignoring these fines is an option, it is not an option I can recommend. . Not paying may cause you problems if you return to Italy within 5 years or so of an alleged offence. Other updates follow, but most of what you need to know is in Section. . Section 2 below is merely supporting information which may or may not prove useful With thanks to Al who has been throwing lots of information and documents at me recently i hope ive managed to summarise the situation succinctly, and, more to the point, accurately.
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payments from outside Italy can be effected via credit card or bank transfer. . This perhaps the easiest way to military bring the situation to a neat conclusion and is what the vast majority of people should really do but read once more What are the grounds for the informal appeal? The formal Appeal you can register a formal appeal within 60 days of receiving the actual fine to either the prefect or the justice of the peace for the Italian city, town or area in which you allegedly committed the offence. Now it becomes complicated, and, potentially, expensive. . you do one or the other, not both. Appeal to a prefect If you lodge an appeal with a prefect, which is easier, you may lose and be ordered to pay double the fine. .
This is the risk inherent in appealing. . And appeals to Italian prefects are, im told, rarely successful. . The fine collection agencies, from what ive seen, tend to advise people to appeal to prefects. . In the main this is suggested because it is easier for foreign drivers to do, indeed, the emo agency helpfully provides those who ask with all the necessary appeal documentation in English. But, you can, if you like: Appeal to a justice of the peace If you appeal to a justice of the peace, you will have to make a payment of 38, and you really will need the services of an Italian lawyer to lodge. The advantage of this option is that appeals to Italian justices of the peace are more likely to be successful indeed, a good lawyer should be able to give you an idea as to whether an appeal is likely to succeed or not, before. Italian justices of the peace do sometimes annul or reduce fines, but do not always double them. .
The Official Notification must be sent by registered/ recorded deliver mail. Write to the agency which sent the notification in an attempt to carry out a form of informal appeal. . While the agency is not bound to do anything, and cannot cancel the fines, it can contact the municipality in which the infraction took place and bring further information, such as extenuating circumstances, to the municipalitys attention. . This might cause the fine or fines to be cancelled or reduced. What are the grounds for the informal appeal?
You have a blue invalid badge because either you have a registered disability or you were transporting someone with a registered disability. . even if you did not have the badge, but were transporting someone with a registered disability the municipality might reduce the amount of, or cancel the fine or fines. You had a hotel booking made before you entered a limited traffic area with a hotel within a limited traffic or ztl area of an Italian town or city. . you would need to provide documentary proof of the booking by producing a receipt showing for how long you stayed and when you checked out. Wrong car, or driver, wrong registration/licence plate. If your informal appeal did not work and you receive the actual fines. .
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Section 1 the Important need to know stuff. Updated 4 September 2010, summary of How to deal presentation with Fines received while in Italy. Ive been getting lots of email from people on the subject of fines, so instead of repeating myself many times over, heres how i understand the situation but. I am not a lawyer. What happens: you receive a notification of fine the notice of payment before official notification from a fine collection agency for some infraction or other which you allegedly committed while in Italy. Your options: pay the fine or fines at the time of the notification. . no further action will be taken but you are not obliged to pay. Wait until the actual fines arrive usually a letter you have to sign for. .
If you are renting a car for a trip in Italy, some car rental agencies are now offering passes for entry into limited traffic (ZTL) zones in some of manager Italys cities and towns. Information on this is still rather sketchy, although the website of Irelands Department of Foreign Affairs does mention. Road Use, city center hotels should know about the existence of these passes, as should car rental companies. Having one of these passes should help you avoid these pesky fines. Please read Section 1 before leaving a comment thanks! There are now three sections: Section 1 the Important need to know stuff read this if you have received a notification of fine or a fine. Section 2, general background on the issue of receiving fines for driving offences committed in Italy read this information if you wish to go the whole hog and pay a lawyer. Section 3 general background on the issue of receiving fines for driving offences committed in Italy. Dont forget to read the most recent comments as they may well answer any questions you have many of the questions are similar Thanks.
comments too. Important update: may 2013, while chatting with a tourism business operator in Tuscany today may 25, 2013, i was told that car rental companies now have a database which shows if you have not paid fines received for driving offences in Italy or in other. If you do not pay the fine at the time you attempt to rent a car, you will not be allowed to rent. One person, i understand, managed to avoid paying overdue fines by renting a car in his wifes name. It is not clear which car rental companies in Italy are using this database, nor for how long, although I was told that the system could have been in place for as long as three years. What this means is that by ignoring, not paying or not appealing fines for driving offences in Italy you may cause yourself problems if you come to Italy again and attempt to rent a car. If anyone has had experience of this, please let us know in a comment. Important update: January 2013.
I do not suggest or condone the non-payment of fines. If I did, i would probably end up in big trouble here in Italy, and seeing as I live, work and have family here, i would like to avoid such a situation. If, by chance, someone has read this post, the comments, and then decided not to pay, then do not blame me if you end up with problems as a result. . Any and all advice i have provided to others has been and is provided informally i am not an authority, and have not made any claim. For conclusive advice on the payment of traffic fines received as a result of a trip abroad, i recommend contacting motoring organisations, embassies or the police in your country of origin. Sorry about the legalish stuff, but I thought covering my back may not be such a bad idea. You never know nowadays and this blog is public (Indeed, i have now been lucky enough to have been accused of being a scammer, i am not, but see the comments below and make up your own mind.) paper Now you can read this post and.
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