Receiving a fine never pleases anyone, but the 90-day rule can save you: here’s what it is and how to use it to your advantage
Going home and finding the classic in the letterbox registered letter which invites us to retrieve a green envelope that we would gladly do without is almost always associated with the presence of a fine detected through an automatic system. We often talk about those penalties that occur for speeding under speed cameras or for unauthorized access to an uncontrolled area.
At that point the usual process takes place: once the envelope has been collected at the post office we have 5 days to pay the fine with a 30% discount. Then, you have to comply by paying the fine in full, which is why many people quickly settle the amount due to try to save something, perhaps paying little attention to every detail.
Yes because, precisely, the devil is in the details and right there can be hidden the small leverage that allows us to get away with it, even leading to the cancellation of the fine. It could be an error in filling out the report by the operator who took care of it or, as often happens, the deadline has been exceeded 90 day time limit in the delivery of the fine which is sufficient to cancel everything. What is it about?
Canceling a fine with the 90-day rule: how it works
We said that, once we have received our fine, before paying we must make sure that the sanction has been taken and sent in the right way and at the right time. The report must correctly state the reasons for the infringement, how it occurred, when and where it was detected. Fines for speed cameras, but not only for this reason, are associated with a photo that shows off the license plate of our car captured by the detection camera.
Another very important detail, and which is the subject of this article, concerns the when the notification of the fine was made. From that moment on, the Public Administration has 90 days time to have the notification notice delivered to the residence or domicile address of the vehicle owner.
The matter is regulated by thearticle 142 of the Highway Code and, recently, there was an incident that proved one motorist right. The officers who had imposed the fine had mistakenly considered the departure time of 90 days not since the notification and the day the offense was committed, but since they had looked at the images of the detection systems.
Inevitably, the judge could not help but consider that fine null and void, relieving the motorist from paying the same. So next time you receive a fine make sure the delivery times are as required by law.