Nota a Cass. 21 febbraio 2001, n. 2494, in tema di violazioni al codice della strada accertate mediante autovelox

[Autom. eng. transl.] Despite the resonance in the press, the judgment under review does not state, with respect to the most recent precedents, substantial novelties favorable to subjects sanctioned with the use of speed camera devices. Indeed, the sentence, in acceptance of an appeal by a Municipality, limits the extension of the obligation of immediate dispute. It is stated, in fact, that the opposition judge cannot annul the sanctioning provision consequent to the ascertainment of the violation of the speed limits with the use of the safety camera, motivating this choice with the consideration that the security service must be set up in so as to allow the operators to immediately object to the offender (in particular with the help of a second patrol assigned to contest the violations detected upstream from the first): on the one hand, in fact, the judge is not allowed to review the choices of the administration on the organization of the service, on the other hand no rule requires the administration to employ, to allow the immediate contestation of violations to the highway code, a plurality of patrols. According to the Author, the conclusion can only be in the sense that the verification of the impossibility of immediate dispute - from which the validity of the subsequent assessment derives - must be conducted with reference to the security service as it has been concretely organized and not with reference to a hypothetical different way of organizing the service that would have made this form of dispute better.