If you have been the lucky recipient of a fine for an infraction of Italian traffic laws, then you might be interested to know that in certain circumstances these fines can be appealed and annulled. Thanks to reader Al, here are some letters, in Italian and English, which you can use to appeal those fines.
Please note that the these letters can only be used in one very specific, but, if you take a look at this post on BlogfromItaly, rather common situation.
This appeal is intended for traffic offenders who receive their:
Official Notification via Registered Mail 360 days after the date of the infraction
Do not appeal if:
You have received a “Notice of payment before notification”. This so-called “courtesy letter” sent via priority mail has no legal value. It simply informs you,unofficially, of the traffic violation perpetrated. You cannot lodge an appeal at this stage – it wouldn’t even be taken into consideration.
Appeal if:
In the event of the fine not being paid within 60 days after receipt of the “courtesy letter” notice, the police (or the collection agency) sends you an official notification via registered letter with proof of receipt. Which means you have received an “Official Notification” via registered mail ! Note that the total amount of the fine will increase by approximatively 4€ (the price of a registered letter) compared to the Payment Notice.
Note that not accepting the registered letter does not interrupt possible future proceedings.
Article 201,1 of the Italian Highway Code (Violations Notification) states that the offenders residing abroad must be notified within 360 days.
This 360 day legally defined time limit runs from the date of the infraction – please see the 6th April 2010 update to ……. for more details on this. And gets interrupted the day the Italian Postal service sends the Official Notification.
This date should appear on the Notification. A Notification sent on the 359th day and received by the offender on the 361st is valid.
It is Al’s opinion, which he supports with the opinion of an Italian consumer’s association, that this time limit is not calculated from the date of the “identification” of the offender as some collection agencies claim. The identification date is the date of receipt by the Italian authorities/Collection agencies of your personal data sent by either the car rental company, Foreign Authorities (UK’s DVLA) or other Authority. The “identification” notion applies only to Italian residents for whom a time limit of 150 days for the notification of the fine runs from the date of the infraction or their identification.
WARNING!
Even if you are within your rights, and the time limit has well and trulyexpired, you must dispute your fine, which is done by appeal to the PREFECT within 60 days from the day of receipt of the Official Notification.
Do not appeal to the Giudice della Pace – Justice of the Peace – as this is not practicable for foreigners because:
- Since the 1st of January 2010 you are required to pay €38=00, and,
-
You must attend the hearing.
Moreover it is not necessary in this case.
You must appeal in writing (registered letter with proof of receipt) in ITALIAN to the Prefect of the Provincia in which the infraction took place. You’ll find the address of the Prefect on the Notification document.
You cannot appeal if you have already paid the fine.
Stop reading, start speaking
Stop translating in your head and start speaking Italian for real with the only audio course that prompt you to speak.
The Appeal Letter – in Italian:
Al Prefetto di …………….
Raccomandata A.R.
Oggetto: ricorso contro multa notificata oltre 360 giorni dal fatto.
Il/la sottoscritto/a [Surname, Name – as on passport], residente in [your full address], titolare della vettura targa (OR if you were in a hire/rental car:) titolare del contratto di noleggio della vettura targa)[You car license/registration plate number or the hire/rental car license/registration plate number], premesso che in data [the date you received the Official Notification], ha ricevuto il verbale di accertamento di violazione al codice della strada n. [a reference number on the fine notifcation], fa notare che la notifica dello stesso è avvenuta oltre 360 giorni dal fatto, estinguendo quindi l’obbligo di pagamento.
Come stabilito dall’art. 201, comma 1 del Codice della strada, nel caso di residenti all’estero, il verbale deve essere notificato entro 360 giorni dall’accertamento, calcolati inequivocabilmente dalla data dell’infrazione.
Per quanto sopra
Chiede che il provvedimento venga annullato.
Allega: fotocopia del verbale notificato.
in data…………… Firmato…………… (legible)
The translation of the Appeal Letter above:
To the Prefect of ……………
Registered letter with proof of receipt
Concerning : Appeal against fine notified 360 days after date of infraction.
The undersigned………………, resident in ….…(full address)……, owner of the vehicle with registration (license) number (OR holder of the rental agreement of the vehicle with registration (license) number)……………., on …………, received official notification of an infraction of Highway Code number………….., points out that said notification was received over 360 days after the date of the infraction, thus extinguishing the obligation to pay.
As stated by article 201, comma 1 of the Highway Code, for offenders residing abroad, the infraction must be notified within 360 days of the offence, calculated unequivocally from the date of the infraction.
in light of the above,
requests that the order be annulled.
Enclosed: copy of notification of infraction
Date…………… Signature……………. (legible)
