the many elevated by the cameras of the preferential of via di Portonaccio, between April and October 2017, are legitimate. This was established by a ruling by the Court of cassation, the final act of the long series of appeals that involved almost a quarter of the 400 thousand fines that hit about 30 thousand motorists in those months for violating the lane reserved for local public transport.
Portonaccio preferential, fines and appeals
A long story that has created so much controversy and a war of stamped papers with the Capitol, which from those sanctions – starting from 80 euros but already rising to 94 after five days – had potentially raised over 40 million euros, almost reached 60 with interest and surcharges taken in the meantime.
Stone of contention, according to the many Romans reached by the minutes, “the lack of signs, vertical and horizontal, adequate to signal the preferential road” of Portonaccio, active from 20 April 2017 and protected with a video camera from the following 2 May.
Parking and stops on the faded stripes: the fine can be canceled
But the Court definitively established that “the signs adequately highlighted the existence of the preferential lane” and that “Roma Capitale had adequately publicized the reactivation of the lane”. According to the judges, in fact, the lane “was reactivated after the installation of the warning signs, 180 meters from the beginning of the stretch not allowed for private citizens’ cars”. Furthermore, the reasons for the sentence read, “the reactivation of the preferential lane has been adequately publicized, both on the Municipality’s website, and through two different press releases of 20 and 21 April 2017, and with various safeguards to allow users of the road to adapt to the new traffic regulations in the area ». An error in good faith on the part of motorists would therefore be ruled out.
In the meantime, tens of thousands of appeals were presented to the prefect and justice of the peace: many of which were collected and promoted by the Codes association which, in the first judgments, obtained the cancellation of almost 80 per cent of the fines. So much so that in the Capitoline assembly a motion was approved, presented by the Brothers of Italy, which provided for the stop to all the minutes. But the administration led by Virginia Raggi had gone straight, and now the decision of the judges of the Palazzaccio overturns everything. “With regret we learned of the sentence of the Supreme Court, a verdict that we consider unfair underlines Ivano Giacomelli, national secretary of Codes. We remember the complaints for the lack of visibility of road signs, recognized by a technical consultancy of the Court of Rome. Then, in our opinion, there are some anomalies: starting from the position that the Court has taken, entering into the merits of the assessment of the individual issues and the facts proposed despite the procedure limiting the pronouncement to assessments of legitimacy only “.
Rome, preferential from Portonaccio, is a boom in canceled fines: “But the new strips are already invisible”
The sentence of the Supreme Court creates a jurisprudential precedent that will inevitably also have an effect on the other disputes pending on these fines. And so he saves the Municipality from a possible huge damage to the coffers of Palazzo Senatorio. “The ruling of the Court embitters us, but it cannot obscure what has been done in recent years to protect citizens – explains Carmine Laurenzano, Codes lawyer – We are evaluating the possibility of an appeal to the European Court for Human Rights, but on this there will be a way and time to go back, because we are verifying the feasibility of this initiative that we would like to implement to defend thousands of Romans who feel damaged and are asking for justice ». The cameras of the preferential, however, “still make two thousand fines a day, also due to horizontal signs that discolour with time and the lack of a luminous panel indicating the prohibition, such as the one used for the Ztl”, argues Luca Cardia of the Multopoli Portonaccio committee, which represents over 18,000 motorists.
Portonaccio, in Parliament the 250 thousand fines on the preferential lane, the League: “Sanctions to be canceled”
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