From February traffic fines can be delivered by certified e-mail (PEC). We propose the interesting article of Luigi Altamura Commander of the Municipal Police Corps of Verona, published by Asaps.it .
The Decree of the Ministry of the Interior 18 December 2017
The article of Asaps
It has been published in the Official Gazette nr. 12 of 16 January 2018, the decree 18 December 2017 “Rules for the procedures for the notification of reports of violations of the highway code, by certified e-mail”. A long awaited legal text that applies to the notification procedure of the protest reports, drawn up by the traffic police bodies, as per art. 12 of the Highway Code, following the detection of violations of the highway code. The notification by PEC takes place according to the provisions of the Digital Administration Code and the Decree of the President of the Republic n. 68/2005, as amended.
The notification of the reports of contestation is carried out in compliance with the terms established by the highway code against the offender, if it has been stopped and identified at the time of the verification of the offense and has provided a valid PEC address, or has a digital domicile pursuant to art. 3-bis of the CAD and related implementing provisions, of the owner of the vehicle with which the violation was committed, or of another person jointly and severally liable with the infringer pursuant to art. 196 of the Highway Code, when he has a digital address pursuant to art. 3-bis of the CAD and related implementing provisions, or has, however, provided a PEC address to the proceeding police body, on the occasion of the investigation of the offense.
If the PEC address of the infringer has not been communicated at the time of the dispute, or if the infringement was not contested at the time the crime was established, the PEC address of the vehicle owner or of another person, as referred to in paragraph 1, letter b) of this article, must be sought, by the office on which the determining organ depends or which has drawn up the dispute report as per art. 2 of this decree, in the public lists for notifications and electronic communications to which it has access. The content of the documents to be notified is then specified.
For what concerns the terms for the notification by certified e-mail, it is indicated as “for the application of the dispositions and the terms indicated in the highway code, the deeds are considered sent, for the traffic police organs, of in art. 12 of the highway code, when the receipt of acceptance is generated, pursuant to art. 6, paragraph 1, of the Decree of the President of the Republic n. 68 of 2005, and notified to the subjects referred to in art. 3 of this decree, when the receipt of complete delivery of the PEC message is generated, pursuant to art. 6, paragraph 5, of the Decree of the President of the Republic n. 68 of 2005. The receipt of delivery in any case makes full proof of the notification of the content of the message attached to it.
If the notification by PEC of the deeds is not possible due to a cause attributable to the recipient, the notifying party extracts a copy of the certified e-mail message, its attachments, the acknowledgment of receipt and the notice of non-delivery on an analogue support, of which, respectively, to articles 6 and 8 of the decree of the President of the Republic n. 68 of 2005, or any other documentation of non-delivery notice, certifies its compliance with the IT documents from which they are taken, pursuant to art. 23, paragraph 1, of the CAD, and makes the notification in the manner and in compliance with the forms and terms of the highway code, with charges for the recipient.
Of course, specifies the decree issued yesterday, “if the notification by PEC is not possible for any other cause, the notification procedure takes place in the manner and in compliance with the forms and terms of the highway code, with charges for the recipient. Lastly, the customary financial invariance clause imposing that no new or greater burden on public finance should derive from the implementation of this decree.
The administrations involved provide for the implementation of the same decree in the area of human, instrumental and financial resources envisaged under current legislation.