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Overturning: No fine if the speed camera is placed in a small space between the white tape and the sidewalk – News

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It is necessary that the track be slippery and have a platform for emergency maneuvers. New slots for offenders.

Improper placement of speed cameras can also be a reason for canceling fines. At least according to the Supreme Court which, by order issued today, under the specific legislation on this subject, ruled that the fixed positions of the speed camera can only be placed on “sliding” roads having the following characteristics: “A road independent or separate from traffic each of which has two lanes on The lowest and possible path designated for public transport and a paved platform on the right and sidewalks, with any level intersections lit with traffic; special areas or side bands outside the vehicle path are provided for parking, with both focused inputs and outputs.” According to the findings of the Supreme Court, high fines On urban roads without these characteristics cannot be invalidated as in the case in question in which the administrative penalty for speeding against a motorist who would have exceeded the speed limit was overturned. Allowed on an urban road. In detail, the speeding fine is void when the speed camera is placed in a small space between the strip. White and pavement The road must be smooth and must have a shoulder for emergency maneuvers This was confirmed by the Court of Cassation by Order No. 12864 of April 22, 2022, rejecting the appeal of the municipality of Florence. The Supreme Court rescinded the report by the Tuscan court, stating that it had been properly ascertained that, in the section of the road in question (where the assessment was carried out using the fixed electronic speed detection), from the purchase of documents, it appeared that immediately upon the expiration of the route marked by white lines, there A berth but between the said and last strip there is a small space that cannot be traced back to the structure and function of the berth, and is thus distinguished by its dimensions unsuitable for emergency maneuvers. Therefore, the appellate judge has developed the concept of pier corresponding to one that can properly be linked to the legislative provision mentioned above in the CDS. In fact, the platform should be considered as a space inside the road, outside the path of vehicles, intended for pedestrian traffic or for emergency stops; Therefore, since the paved platform is a common element of highways, roads outside cities and urban flowing roads, it, by its nature, limits itself to a space that has this main advantage, and therefore, in addition to having to remain free of obstacles, it must have a size that allows for the effective implementation of functions mentioned above, bearing in mind that the urban road is also characterized by a heavy, uninterrupted flow of the vehicle route over long distances and thus there is the same need to ensure ‘‘the presence of side gangs to prepare, when necessary, for appropriate emergency maneuvers. According to Giovanni D’Agata, President of “law officeFor years fighting for legality and protecting motorists’ rights, this latest order is yet another Supreme Court ruling that blames the behavior of the Palestinian Authority, which is often more committed to “make money” rather than exposing the right way to violate the Highway Code, thus Insulting the protective function of sanctions, especially financial sanctions, which are now viewed more as a new tax than their specific purpose.

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