That of hidden speed cameras is an incorrect practice that can happen: in that case, however, you are protected by the law. Here is what the Highway Code provides.
We wish you not, but have you ever gotten a fine at home from a speed camera positioned in a manifestly incorrect way? This is a more widespread “risk” than one might think, even if the latest reports and updates of the law on the matter have protected motorists from policemen who could be defined as crafty to say the least.
To regulate the question we think the always complete Traffic Lawswhich dedicates an entire article to everything related to speed limits including a part focused on electronic detection devices that are speed cameras, tutors or telelaser.
The bottom line is that for these to be legal they must be absolutely visible and indicated by means of special signs. Otherwise, the motorist is entitled to challenge the fine and appeal with all the reasons in the world.
Hidden speed cameras: the case of the flyover that went viral on YouTube (VIDEO)
The topic was back in trend after that YouTube a small video in which you can see a police car went into trend stops on an overpass that hides the speed camera to the unaware passage of motorists.
Caught by a passer-by, who filmed the whole scene, the brigade justified themselves by claiming that the system is perfectly visible: which, as you can see from the video, is not true at all. This sparked the furious reaction from the author of the video who threatened law enforcement to take them to court for misusing the system.
The “Maroni directive“Is very clear about this and, unlike other countries where this practice is unfortunately allowed, in Italy it is not allowed use electronic speed detection devices without them being visible or promptly signaled in advance. The concept arises from the fact that the speed camera, in theory, it should only be used for road safety and not to make cash at the expense of motorists.
Then there is another important clarification that should be made: the discourse also applies to the so-called owl car. That’s right, the speed camera system is not authorized inside cars that are not marked with law enforcement insignia and, God forbid, they cannot even hide in external points of the roadway, such as a bridge or vegetation.
If the brigade is forced to use a car they must absolutely signal it with a flashing blue on the roof of the body: only in this case the use of electronic devices for speed detection is allowed, which must in any case remain clearly visible and reported in advance, otherwise the fine will be void.
Therefore, if you have happened to be the victim of hidden speed cameras and, in your opinion, positioned in a non-legal way you have every right to appeal because luckily the law, at least in Italy, is on your side.