No deviation or exception Special for i Tutor in Autostrada. For the “tolerance” the The same rules of the municipalities of Speed Cameras. This is what the cassation confirmed as reported by Corriere della Sera. That is why different rules may not be applied according to the speed detection systems used. The teachers must be treated like everyone else speed camera. If the speed limit is thrown (in this case calculated at the average speed of the section guarded by the tutor), the fine is clear, but the same margin of speed camera tolerance must be used by the law.
No exception
The second civilian part of the Court of Cassation has therefore established that the average speed control systems must Apply the provisions of Article 345 of the rule of exclusion of exclusionSuch as speed camera. Article that determines that it is cominga reduction of 5% and in any case no less than 5 km/h. We can read:
The individual equipment must be approved by the Ministry of Public Works. Upon approval, it is ordered that for speed controls, regardless of the equipment used, the detected value is applied a reduction of 5%, with a minimum of 5 km/h. Instrumental tolerance is also included in the reduction. It cannot be used to assess compliance with speed limits, equipment with instrumental tolerance greater than 5%.
Why is this clarification important? For Avoid interpretations that gave room to different positions. Apparently everything was born after a transport company 4 fines had received for surplus speed imposed on so many resources for his fleet pinched by the teachers to cross the speed limits on the highway. In addition to the fines, the drivers were reduced by the points on the license. The justice of the peace had accepted the company’s appeal, but the court, in the role of professional judge, had changed the punishment with the exception of the reduction of points. Why? According to the court, the teachers had to have a broader tolerance margin.
At this point the Supreme Court intervened and stated that the law is unique and applies to everyone. Therefore, regardless of the equipment used, the reduction of the detected speed must be carried out in accordance with the law.
[Fonte]
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