Italiano
български
26 August, 2024
Traffic violations in Italy not only result in costly fines but also create significant challenges for drivers and companies involved in national and international road transport. Often, violations of the Italian Traffic Code (Cds) lead not only to fines but also to accessory sanctions, such as the withdrawal and suspension of driving licenses, administrative detention of vehicles, and more.
If the party involved believes that the fine is unjust or erroneous, they can file an appeal with the competent Prefect or Justice of the Peace, depending on the location where the violation occurred.
It is important to note that an appeal cannot be pursued in the following cases:
Drivers and owners of foreign vehicles often feel compelled to pay the fines at a reduced rate at the time of the violation, without realizing that they cannot appeal those sanctions afterward. This decision is often made because, if payment is not made immediately, there is a risk that the vehicle could be impounded at the owner’s expense. However, there is an alternative solution—paying a deposit instead of the fine. By doing so, administrative seizure can be avoided, and the possibility of appealing the sanction is preserved, unlike the reduced payment option, which precludes this opportunity.
Nevertheless, the reduced payment option can be exercised within 5 days, giving the involved party time to choose the most appropriate solution for their specific situation.
As mentioned earlier, a driver charged with violating the Italian Traffic Code, along with the vehicle owner or other parties identified under Article 196, may file an appeal with the competent Prefect within 60 days (from the date the fine was received on the road or from the date of notification) or, alternatively, with the Justice of the Peace within 30 days (from the date the fine was received on the road or from the date of notification).
If no appeal is filed and the reduced fine is not paid within 60 days of notification, the report becomes an enforcement order. In such cases, a tax bill is issued to the offender, usually doubling the fine amount. An appeal can also be filed against the tax bill, but only for material errors or notification errors.
In the case of a fine left on the windshield, it is insufficient to appeal with only the violation notice; the fine notification must be awaited.
Appeal to the Prefect: An appeal to the Prefect can be submitted through the authority that issued the sanction or directly to the Prefect via certified email (PEC). This process does not suspend the enforcement of accessory sanctions.
An appeal is not permitted if the violation constitutes a criminal offense. Additionally, an appeal cannot be filed with the Prefect against a tax bill or payment injunctions sent by the concessionaire.
The outcome of the appeal could result in the issuance of an order to dismiss (annul) the contravention report, thereby extinguishing both the monetary sanctions listed in the report and any accessory sanctions, such as vehicle seizure, driving license suspension, or points deduction. If no decision is made within 210 days, the appeal is considered accepted.
If the appeal is not accepted within 210 days of submission, the Prefect must order the payment of a monetary amount not less than twice the minimum sanction imposed by law for the violation.
Article 202 bis of the Italian Traffic Code provides for the possibility of an installment plan for payment through an agreement with the assessing body or the competent Prefecture.
Appeal to the Justice of the Peace: An appeal can be lodged with the Justice of the Peace against many administrative penalties up to €15,493.71, against all violations of the Italian Traffic Code, or against the Prefect’s order-injunction if the appeal is unsuccessful.
Opposition can be made against a traffic fine (as an alternative to an appeal to the Prefect) or against the tax bill sent when the fine is not paid.
The assistance of a lawyer is not required to proceed with the appeal before the Justice of the Peace. If a lawyer is not appointed, the appellant must provide an address for communications within the municipality where the judge hearing the appeal is located.
If the appellant does not reside in the municipality of the competent Justice of the Peace and does not indicate an address for notifications in that municipality, they must personally follow the proceedings at the clerk’s office.
The appeal before the Justice of the Peace is subject to a court tax payment. The judge may accept the appeal in whole or in part. If the judge dismisses the appeal, they may also order the appellant to pay the costs of the proceedings as well as the opposing party’s legal fees. The judgment can be appealed before the General Court.
Accessory Sanctions: The Italian Traffic Code often includes accessory sanctions in addition to fines, such as the obligation to suspend or cease certain activities. In some circumstances, the sanction must be enforced immediately, or enforcement must begin within five days of the report or its notification.
If a person with a foreign driving license commits an offense for which suspension or revocation of the driving license is imposed as an accessory administrative sanction, the license is withdrawn by the police and sent to the Prefecture for issuance of the order. Since the document is not Italian, an order of inhibition is issued, prohibiting the person from driving in Italy for a period corresponding to the suspension period specified for the violation.
In cases of traffic offenses leading to the revocation of a driving license, the driving prohibition lasts for two years from the notification of the order.
Foreign drivers with a foreign driving license and residence abroad may also face difficulties retrieving their driving documents held by the police and sent to the Prefecture for the suspension period. Many are unaware that, in some cases, it is possible to request the return of their driving license before the accessory penalty period expires if they declare that they will leave the country. This option is particularly important for drivers engaged in international transport, allowing them to continue working outside Italy during the suspension period.
