A lorry driver appealed against a speeding ticket based on tachograph prints. And he won, reports the local press in Brescia.
The key to the court’s decision was an analysis of Article 142 of the Italian Highway Code, according to Italian traffic portal uominietrasporti.it.
The disputed fine was „unlawful because of the lack of indication of the place where the disputed offence was committed”.
The police report does not indicate whether the offence was committed in Italy or abroad. And if it was committed in Italy, the exact location is not indicated, as required by Article 383 of the CdS Implementing Regulation.
However, even if the offence had been committed abroad, „it would not have been punishable by the Italian police, who have no jurisdiction in the matter”.
Accordingly, the judge ruled that the driver’s claim was well-founded and annulled the fine. The driver will also be reimbursed for his legal costs.
Why is this important? The Italian operator pointed out that this is the first case in which a judge has ruled that the Italian police cannot impose a fine when the place of the offence is unknown, i.e. outside Italy, because they do not have the power to impose such sanctions.