Lawyer explains

Traffic fines from your vacation: to pay or not?

The Italian police are strict. But it is not uncommon for time to work in favor of traffic offenders.(Bild: AP)

Many Austrians are currently receiving unpleasant mail from our favorite vacation destination. Traffic fines from Italy are apparently being sent out again in increasing numbers. But you don't always have to pay. ÖAMTC lawyer Patrick Berthelot explains. 

It has been some time since his last vacation in Jesolo. Now Mr. R. (name known to the editors) has been reminded of it again. A fine notice from the Italian police was in the Tyrolean's mail: speeding, 43.90 euro fine due.

Authorities are currently sending out many notices
Many Austrians are currently receiving unpleasant news 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. In most cases, according to the lawyer, these involve speeding or driving in traffic-calmed zones. The latter is a special case because Italy is very strict about such restricted zones and uses video surveillance. It's easy to commit an offense out of ignorance.

This is annoying. And sometimes expensive! But not every penalty for an offense committed has to be paid. This is because not every penalty is still valid. Berthelot explains: "Authorities such as the police or local authorities have 360 days from the date of the offense to send out 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 differences between Italy and the US in terms of legal interpretations of when the statute of limitations begins. 

Patrick Berthelot, stv. Leiter Rechtsabteilung ÖAMTC Tirol

Bild: Johanna Birbaumer

When it comes to the statute of limitations, the devil is in the details
Drivers' clubs can 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 believe you are in the right. In many cases, the devil is in the details. This is because there are different interpretations of when the 360 days should be calculated from.

"According to our legal opinion, it starts from the time of the offense. Italy often calculates from the time the owner's data is determined," says the ÖAMTC lawyer, describing the differences in interpretation. His advice: "Seek legal advice if you receive a fine and suspect that the statute of limitations has expired."

Surprises possible on your next trip
There may also be surprises on your next visit to Italy. This is because the police may 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." There have been cases where the Carabinieri have accompanied drivers to the ATM to get their money. Then it is important to be able to prove that a fine is time-barred.