Legal expert clarifies

Traffic fines from your vacation: to pay or not?

The Italian police are strict. But time often works for traffic offenders.

(Bild: AP)

Many Austrians are currently receiving unpleasant mail from our favorite vacation destination. Penalty notices from Italy are apparently being sent out more frequently again. But you don't always have to pay. ÖAMTC lawyer Patrick Berthelot explains. 

It's been some time since his last vacation in Jesolo. Now Mr. R. (name known to the editors) has been reminded of it again. A penalty notice from the Italian police arrived in the Tyrolean's mail: he was speeding and had to pay a fine of 43.90 euros.

Authorities are currently sending out a lot of notices
Many Austrians are currently receiving unpleasant messages from Italian authorities. "We are currently receiving an increasing number of inquiries about such penalty notices," ÖAMTC lawyer Patrick Berthelot confirmed to the "Krone" newspaper. According to the lawyer, most cases involve speeding or driving in traffic-calmed zones. The latter is a special case because Italy takes a very strict approach to such prohibited zones and uses video surveillance. An offense is quickly committed out of ignorance.

That is annoying. And sometimes expensive! But not every fine for an offense committed has to be paid. Because not every penalty is valid. Berthelot explains: "Authorities such as the police or local authorities have 360 days from the date of the offense to send the fine notice. If this does not happen within this period, the penalty is time-barred." Such a statute of limitations is not uncommon. This is because the prosecution of foreign traffic offenders sometimes takes a long time in Italy.

There are different legal opinions between Italy and us as to when the statute of limitations begins to run.

Patrick Berthelot, stv. Leiter Rechtsabteilung ÖAMTC Tirol

The devil is in the detail when it comes to the limitation period
Drivers' clubs provide information on how to calculate the period. They can help with any necessary appeals. Simply ignoring penalty notices is not a good idea, even if you think you are in the right. In many cases, the devil is in the detail. This is because there are different opinions as to when the 360 days should be counted from.

"According to our legal opinion, from the time of the offense. Italy often counts from the time the owner data is determined," says the ÖAMTC lawyer, describing differences in interpretation. His appeal: "Seek legal advice if you receive a fine notice and suspect that it is time-barred."

Surprise possible on the next trip
There may also be surprises on your next visit to Italy. Because sometimes the police want to collect old fines. Berthelot is familiar with such cases: "Within a region, offenses appear in a register that is accessed during traffic checks." It has already happened that carabinieri have accompanied drivers to the ATM to get their money. It is then necessary to be able to prove that a fine is time-barred.