Italian courts clarify rules on traffic fines and police authority

Recent rulings from Italian courts have clarified legal obligations and jurisdictional limits regarding traffic violations and fines.

The Corte di Cassazione ruled that vehicle owners cannot avoid penalties by claiming they do not remember who was driving a family vehicle at the time of an infraction. Under Article 126-bis of the Codice della Strada, owners must identify the driver within sixty days of receiving a notice. The court emphasized a duty of diligence, requiring owners to know and remember who operates their vehicle, even in shared family use.

Regarding the authority to issue fines, judicial precedents distinguish between different police forces. Members of the Polizia di Stato, Carabinieri, and Guardia di Finanza maintain their authority to issue citations even when off-duty. In contrast, municipal police (polizia municipale) are strictly limited by both territory and active service hours. Citations issued by municipal officers outside of their designated service time or jurisdiction can be successfully contested in court.