license to points. Important Judgement of Justice of the Peace of Salento fields in terms of art. 126a LECCE December 22 - Driver's license points. Important Judgement of Justice of the Peace of Salento fields in terms of art. 126a and Art. 180 of the Security Council on the notification of driver data. It is competent to judge the place of residence of the alleged offender, provided that its obligation to communicate at least the inability to provide dati.Segnaliamo the important decision of Justice of the Peace of Salento Fields, dr. proc. Francesco Capozza Laundry, on penalty points and in particular the obligation to notify the driver of the data pursuant to art. 126 bis of the Highway Code which would follow the penalty provided by art. Legislative Decree 180 of the same in case of failure to notify.
With No Judgement 943/2010 of 02/11/2010, as reported by John D'Agata component of the Department of National Theme "Consumer Protection" of Italy of Values \u200b\u200band founder of the "Door of Rights, the justice of the peace shall review the matter that had long been for a series of controversial decisions in a swinging alternately attributed the competence to decide or judge of the place where the infringement or alleged against the residence of the alleged offender, thereby leading to uncertainty in the place where the application deposit.
is well known fact that under Article 126 bis of that burden is the owner of the vehicle which was not immediately possible to challenge the infringement, shall ensure the finding of the body of the driver within sixty days of notification of the infringement main. Otherwise, the Highway Code provides for the application of the special and exorbitant financial penalties under Article. 180, paragraph 8 of Security Council for those who fail this communication.
According to the Chamber which proposes an approach acceptable given the independence between the main penalty in case of excess speed in art. 142 paragraph 8 as measured by speed cameras, and the penalty secondary when the applicant was opposed to the place of jurisdiction for the bringing of the appeal is to the place of residence was completed when the conduct complained of omission and therefore "no longer the place where the contract violations of speed limits but at the residence had in the course of 60 days. under the 8 th c. art. 126/bis the Security Council "
Moreover, the persuasive ruling also spoke on the obligations of the owner of the vehicle no longer has the memory of who was driving at the time of detection of the main sanction.
According to the trial court, in fact, the owner of the vehicle has done promptly communicate the impossibility of state the driver has still fulfilled the requirement of the Highway Code because nothing can be criticized those who in good faith and months later is no longer in a position to remember who was driving a vehicle intended for use of all family members.
since it believes the judge that "available evidence and documents filed by the applicant, it follows that the same has, in terms, informed at the police headquarters with the NOVA SIRI Coll. of 11.11.2009, to be in the inability to indicate the name of the person in the circumstances of place and time mentioned in the minutes, was driving the vehicle, being intended for use of all households, is used by all members of the household according to his daily needs.
It is therefore obvious that the applicant actually may not have been able to identify those who were actually driving the car he owned at the time of the alleged infringement. In fact, nothing can reproach, the one who in good faith, after months of the finding can not remember who had in fact used his own car and, with zeal and promptness, so to notify the applicant municipality : in this situation if, to avoid the financial penalty, the person concerned, the real unknown driver had misrepresented the data required would obviously committed the most serious consequences.
Therefore, the requested information was provided in time albeit in a negative Administration opposed that, although this has also raised the alleged verbal hours.
Justices of the Peace has therefore allowed the appeal prepared by the lawyer. Luigi Renna Sportello Rights of Trepassey.
SOURCE: Information Today
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