Fine on the blue lines? It has happened to everyone at least once in their life: in this case, however, if you appeal, you win for sure.
We have just returned from work, shopping or an afternoon of leisure: the our car is parked on the dreaded blue stripes and a suspicious sheet of paper peeks out on the windshield. Yup, we got a fine.
Sometimes we know very well why: we paid for parking for less time than we needed hoping to get away with it, we didn’t notice a sign or we simply don’t understand why. This also happens.
In these cases, however, we are generally forced to accept fate and pay the fine as soon as possible, especially if we are unable to justify ourselves convincingly. There is a judgment of the Court of Cassationrecently issued, which however gives us a small and interesting foothold.
These people cannot fine you on the blue lines: appeal and win
Let’s summarize quickly and then delve into the matter: according to the Court of Cassation, staff of public transport companies are not authorized to impose fines for parking on the blue lines. These employees are authorized by the Municipality to impose fines only if the cars are illegally parked on the journeys reserved for buses, trams and other public transport.
It all started when a driverevidently knowledgeable on the subject, he did appeal against a fine received on the blue lines in his opinion illegally. In particular, the victim relied on these issues:
- The court that initially evaluated the case did not comply with the indications drawn up by the Court of Cassation;
- The parking area was not used as a parking meter, thus violating thearticle 157 paragraph 6 of the Highway Code;
- Consequently, it certified the violation of thearticle 7, paragraph 1, letter Fgiven that the nature of the unattended parking was not reported;
The Court of Cassation, in examining the case, mainly relied on the first plea and consequently also the others. In a very simple way, it is explained that the law allows the so-called “traffic assistants” to impose fines only in some specific cases.
This means that the municipality has no authority to give these people a different power and higher than what they actually have available. The Cassation further specifies that the powers of prevention and assessment of the employees of public transport companies are limited precisely to the journeys reserved for it.
So, if in the future you happen to receive a fine on the blue linesregardless of what the reasons are, you have every right to appeal if unauthorized personnel gave you a fine.
The article Blue stripes fine: if they do it to you it’s not valid, don’t pay it comes from Motori News.
