MANY STREETS

APPEALS FOR VIOLATIONS OF THE HIGHWAY CODE

Penalties for violations of traffic regulations.

The behaviors, conscious and voluntary, of violation of the rules for the protection of road traffic constitute administrative offences from which they derive financial penalties e, sometimes, accessories (such as the reduction of driving license points or the suspension of the same).

The violation is contested by’verifying body (Police Command) immediately o, if it is not possible or necessary, within 90 days through the notification of report of violation of the highway code to the transgressor or, in the case of driving motor vehicles with license plates, to the owner thereof.

The remedies provided by the Highway Code:

A – Administrative conciliation.

From immediate or notified notification, the trespasser or owner has until 60 days to carry out the release payment by paying a sum equal to “minimum” of the financial penalty established by individual laws.

This sum is reduced by 30% if payment is made by 5 days from the dispute or notification of the report.

Attention! I elapsed 60 days from the notification of the notification of the violation of the Highway Code, without having proceeded with the payment of the fine at the minimum stipulated, the violator or owner will be notified’order-injunction that he will impose on him – always within the term of 60 days from its receipt – il payment of the fine raised to the extent equal to half of the maximum amount required by law for the violation committed. In other words, l’amount of the fine will double compared to that indicated in the report verifying the violation of the Highway Code.

Example, in the case of ZTL fine, the amount reduced to a minimum is € 83,00 (reduced by 30% € 58,10); in case of non-payment within i 60 days, the amount rises to € 166,00 (that is to say double the sanction to a reduced extent That, around you, is equal to half the maximum provided for by the art. 7 comma 14 II periodo C.d.S. you seem to € 332,00).

B – The appeals provided for by the Highway Code.

As an alternative to payment, that is, if a reduced payment has not been made, the recipient of the fine can avail himself of two different ones remedies:

  1. il appeal to the Prefect;
  2. il appeal to the Justice of the Peace.

The appeal to the Prefect.

The appeal to the Prefect is governed by art. 203 of the Highway Code and constitutes the cheapest remedy that the offender can use, so long as, unlike the appeal in court, does not provide for the payment of a unified contribution.

The appeal, together with all the documentation deemed useful for defense purposes, must be proposed before Prefect of the place of the committed violation within the deadline of 60 days starting from the immediate notification or from the notification of the notification of the violation of the highway code.

Within 30 days from the filing of the appeal, for the necessary investigation, the Prefect must forward the appeal to the office or command to which the investigating body belongs, accompanied by the documents attached by the appellant. The investigating office or command, within 60 days from receipt of the documents by the Prefect, must transmit proof of the dispute or notification and the technical deductions useful to refute the findings of the appeal.

The Prefect, examined the minutes and documents produced by the investigating body, as well as the appeal and the documents attached to it – having heard the interested parties who have requested it – within the deadline of 120 days (starting from the date of receipt of the documents by the investigating office):

  • if it considers the assessment to be justified adopt a’reasoned order with which he enjoins the payment of a sum, at the norm, pari al double the sanction imposed in the complaint report;
  • if it does not consider the assessment to be justified emits a’reasoned order of annulment of the fine and with it the pecuniary sanction and any additional sanctions.

Attention! The term of 120 days is cumulated with the terms of 30 days for transmitting the appeal to the investigating office and 60 days for the transmission of documents to the Prefect and are peremptory, that means that, after said deadlines have passed without the Prefect's order having been adopted, the appeal will certainly be heard welcomed.

In the case of negative decision, the payment order issued to the Prefect is challengeable by the citizen with an appeal to the Justice of the Peace within 30 days from the notification of the prefectural provision. Within the same deadline, if no appeal has been lodged, becomes enforceable title for the sum ordered therein.

The appeal to the Justice of the Peace.

Alternatively to the prefectural appeal, the trespasser or owner has the right to propose opposition against the report of dispute before the ordinary judicial authority (Opposition to administrative sanction).

This procedure is provided for by art. 204 to C.d.S. which refers to the art. 7 of the legislative decree 150 of the 2011, which identifies the competence of the Justice of the Peace of the place where the violation was committed for all objections to the reports verifying violations of the highway code regardless of the amount of sanctions.

Il appeal must be proposed, under penalty of inadmissibility, within 30 days from the date of notification of the violation or notification of the assessment report.

In this process, the cross-examination will be established with the Prefect if the opposite violation has been ascertained by Officials or Agents of the State (Police, Carabinieri, ecc.) or with the Region or the Municipality when the violation has been ascertained by an Official and Agents of the local authority (come, for example, the municipal police command).

The procedure follows the labor ritual and the appeal can be:

  1. declared, preliminarily, inadmissible, where it contains incurable defects (example, because it was proposed beyond the legal deadlines);
  2. accepted or rejected, in whole or in part, in both cases with judgment appealable before the Court of the place where the Justice of the Peace is located within 30 days (in case of notification of the sentence to the losing party) I enter 6 months.

The Justice of the Peace welcomes the opposition when it establishes the illegitimacy of the assessment (because the legal requirements are missing) or when there is insufficient evidence of the opponent's liability. Otherwise, rejects the opposition e, then, determines the amount of the fine to an extent between the minimum and maximum established by law for the confirmed violation. The amount must be paid – within 30 days from notification of the sentence – in favor of the administration to which the investigating body belongs.

The payment file.

Art. 203 Highway Code provides that, if within the terms established by law, no appeal has been lodged e the reduced payment was not made, the notification of the violation of the Highway Code, constitutes enforceable title for a sum equal to half the maximum administrative sanction and for procedural costs.

This means that, in case of failure to appeal and delay in paying the fine, the administration to which the investigating body belongs will have the right to proceed with the enforced collection of the credit claimed resulting from the high fine.

In these cases, the state or local government will proceed with the formation of Role, that is, a list containing the name of the debtor, the amount of the debt and the reason, i.e. the act on the basis of which the sums are due. The Role thus formed is signed by the manager, equipped with executive effect and sent to the Collection Agent – today Revenue Agency-Collection or for local authorities any private company that deals with collection by virtue of specific agreements with the local authority – by virtue of which it will be legitimized, on behalf of the creditor administration (Taxing body), to the compulsory collection of the sums due, previa payment folder notification.

The Payment Form is that document drawn up by the Collection Agent which summarizes the details of the obligation, indicates the prerequisite act (i.e. the assessment report) and the date of notification, the amount due (including the costs of the procedure) and the’intimation to the debtor to pay by 30 days, under penalty of forced execution.

The Payment Folder is a autonomously binding deed through opposition to be proposed with appeal to Justice of the Peace of the place where the violation was committed by 30 days from the notification of the Folder itself.

The opposition can be proposed:

  1. per own vices of the Folder (such as the failure to indicate the prerequisite act, the five-year statute of limitations on public credit, the failure to indicate the role or the date on which it became executive, ecc.);
  2. per contest the violation and the related sanction, if the offender or the owner of the vehicle deduces that the Notice received constitutes the first act with which he became aware of the sanction imposed because of nullity or failure to notify of the prerequisite act (that is, the notification of the violation of the Highway Code). Will be burden of the opposing Administration, in this case, prove the existence or regularity of the disputed notification.

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