Wednesday, April 6, 2011

Speed cameras, Supreme Court: a fine of not valid without the watchful

The Supreme Court is back again on the issue of fines for exceeding the speed detected by speed cameras: if the violation is voidable at the material time, measured with a device installed and maintained by a private company, was not present no alert. The supreme court has decided to do so following the appeal made by a small town in South Tyrol, which had fined a motorist because he had exceeded the speed limit and this was photographed by a camera installed by a private company with the license the municipality.

The appeal had been fined because they were fighters and why it was not clear how it was used to calibrate the detector, because it was run by people other than employees of the municipality. It is precisely this that led the court to account for the motorist: the municipal police had not only witnessed the installation of the device and its management was neither present at the time of the determination of the infringement.

The City had appealed against the sentence, something which the Supreme Court has confirmed the following reasons: "From the statement, did not reflect adequately the survey was done by an authorized officer in the service of traffic police, faith alone is empowered to give privileged the investigation.

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