On April 19, 2024, the Supreme Court of Italy ruled that fines issued by unapproved speed cameras are invalid, a decision reaffirmed by subsequent rulings.

The court annulled 13 fines totaling nearly €1,600 imposed on a motorist detected by these irregular devices and revoked the associated points deducted from the driver's license.

The court criticized internal directives from the Ministry of the Interior and the State Attorney's Office, stating that the procedures for approval and homologation are distinct and both mandatory.

Approval certifies that a speed camera is built according to technical requirements deposited with the ministry, while homologation ensures that the model functions correctly, as mandated by the Highway Code.

Without this dual process, any penalties are deemed unlawful.

This ruling follows a long-standing provision that has gone unaddressed for 33 years.

Article 142 of the Highway Code has mandated that speed cameras must be both approved and homologated since 1992. However, a lack of a decree defining the homologation process has resulted in no devices in Italy being officially homologated.

The Supreme Court's acknowledgment of this legislative gap has led to a sharp increase in legal challenges.

Recent reforms to the Highway Code on December 14, 2023, did not address this issue, and a subsequent decree intended to remedy the situation was withdrawn following public backlash.

The legal void persists, placing the state in a vulnerable position regarding its enforcement practices.

The court's ruling also included a rebuke of a ministry circular (n. 995/2025) that aligned with the State Attorney's Office opinion, which argued for an equivalence between approval and homologation procedures.

Following this interpretation, the Ministry of the Interior had advised prefects that local authorities could defend themselves in court against motorists by asserting this position through unexamined documents.

The Supreme Court rejected this argument, underscoring that a ministerial circular does not hold the same legal authority as primary legislative sources like the Highway Code.

The implications of this ruling have raised concerns among local governments.

Luigi Altamura, the commander of the local police in Verona and a representative for the National Association of Italian Municipalities in Road Safety, criticized the inaction of the Ministry of Transport.

He highlighted that the second civil section of the Supreme Court reiterated the need for decisive action, calling into question both the Ministry and the State Attorney's Office for their failure to provide a timely solution.

Altamura highlighted the potential consequences for road safety, arguing for clarity on the need to disable all unapproved speed cameras across Italy.

This stance poses significant implications for lawful enforcement and adherence to European directives.

It is important to note that individuals can contest fines assessed by electronic devices within 60 days of notification if appealing to the Prefect, or within 30 days if opting to go to the Justice of the Peace.

However, those who have already paid their fines do not have the right to appeal, and there is no provision for refunds or reinstatement of deducted points.

Until the legislative gap is filled, all fines imposed through unapproved speed cameras remain at risk of annulment, as the Supreme Court has clearly stated that the law applies equally to all parties, including the state.