Tuesday, August 3, 2010

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New Highway Code: Notification fines within 90 days

Shorter NOTIFICATION FROM 150 TO 90 DAYS

Drastic reduction in the time of notification of the minutes which will mark the destiny of traditional notices of assessment for no parking. Different allocation of the proceeds of the safety camera with new rules for the use of measuring instruments. Limits of interference in the private investigation of offenses and instrumental go-ahead for new cameras to ensure access to pedestrian areas and other major violations. These are some of the important news of the direct impact on local law introduced by the reform of the Highway Code (Law n.120/2010 published in the Official Gazette No. 175 of July 29, 2010).
Notification of verbal warnings to stop . is reduced from 150 to 90 days the period granted to the bodies established for the postal service road of fines (in case of no immediate objection the violation). However, if the infringement was immediately challenged the offender, it becomes mandatory report also notify the owner of the vehicle or jointly and severally liable to within a hundred days after the. These new rules, which also will be effective only for violations committed after the entry into force of the reform, put in strong doubt on the use by the command of the municipal police of the so called notices of assessment that are traditionally left on the windscreens of vehicles in no parking. These warnings, which are not covered by the Highway Code or by its implementing regulation and implementation, are used to simplify the enforcement proceedings, and facilitate the payment limited extent (which can generally be made within 10-20 days) and, consequently, avoiding the activity and the cost of the service. With the drastic reduction of the period for notification of the dispute records becomes much more difficult to include time-limited even in iterating the warning. In fact, these acts of investigation of traffic offenses force the bodies to establish to wait several days before they know if the offender has paid a small extent. Wait that now with the new rules, put at serious risk the respect of the shorter time for the notification of the minutes.
income cameras and new rules. for violations of speed limits established by the local police through the use of devices or detection systems or with the use of devices or technical equipment for remote monitoring of violations under Article. 4 of Decree Law No 121, June 20, 2002, the proceeds to be split equally between the municipality and the owner of the road agency or agencies that carry out its functions under Article. 39 of the Decree of the President of the Republic No 381, March 22, 1974, to the exclusion of roads under concession. This important change, however, will not enter into force immediately, but only the first financial year following the adoption of a ministerial decree, with which they must be defined in a data processing procedure for sending a report on the proceeds of offenses with the camera. This report, which will be sent every year by May 31 the Ministry of Infrastructure and Transport and the Ministry of the Interior, shall indicate, for the previous year, the aggregate amount of proceeds attributable to the municipality, as reported statement approved by the same year, and the activities performed by exploiting these resources, detailing the costs incurred for each operation. The sums arising from the award of the fee should be divided for the maintenance and securing of the signs, barriers and other road infrastructure and strengthening of monitoring and verification of traffic offenses with the related personnel costs of the municipal police. Moreover, these staff costs funded by the share of income distributed will not exceed the limits and constraints imposed by internal rules on the Stability and containment of expenditure on public employment. The proportion of income covered by the distribution payable to the municipality and shall be reduced by 30% per annum if the agency will use them in a manner inconsistent with or does not transmit the required report. By the same decree that will determine the rules for the proceeds divided, we will define also positioning methods and the use of speed cameras and telelaser , outside the towns can not be installed immediately, at a distance less than one kilometer from the signal that requires the speed limit .
Interference individuals. Local authorities may establish instrumentally violations of the Highway Code with only their property or equipment acquired under a contract of lease or rental to fixed charges. Such equipment also should be used only with the use of local police personnel, without Except as provided by art. 5 of Presidential Decree 250 of 22 June 1999 laying down the rules for the authorization to install and operate systems for the detection of vehicle access to city centers and areas with limited traffic in accordance with art. 7, para 133-bis of Law 127, May 15, 1997. New cameras and technological tools. The use of cameras is also extended to the control of unauthorized access to pedestrian areas and city centers and the traffic on roads reserved. In addition, through equipment or devices approved can be detected also violations relating to the dangerous speed, driving against traffic to use the bicycle helmet to carry on two-wheeled vehicles and movement in vehicles subjected to administrative detention or seizure. The tools, however, outside the town, can only be installed on stretches of road specifically identified by the prefects. Will be legalized some technologies applied to traffic lights. In fact, with a special ministerial decree will define the characteristics for the approval and installation of systems to adjust the speed, the equipment is activated to detect the speed of approaching vehicles and devices designed to display the time remaining power light of the new traffic lights. Green light to the use of scoreboards often installed by the roadside to indicate the speed of the user: with the reform of these displays are included among the light signals listed in art. 41 of the Rules of the Road.
advertising systems. Within the towns, on any type of road and not just limited to urban roads of district and local municipalities may grant exemptions from the rules on minimum distances for placement of signs and other advertising media, in accordance with the needs of road safety and in respect of the prohibitions laid down. 23, paragraph 1, of the Code of the road is not even the condition of "reasons of public interest or technical." Important news for the removal of illegal billboards. In the presence of non-statutory advertising or installed without authorization, within the period of formal notice, supervisors can access road on private funds to carry out the removal. Also, if within sixty days after the removal (for works on public land) or formal (for installations on a private area) without the infringer, the owner or the owner of the land to have requested the return of advertising media removed, the agency owner can dispose of freely.
source: Italy Today