Speeding detected by the“Scout Speed”? No to the fine without the pre-warning!

The Court of Cassazione, with the order of 22 October 2021 n. 29595, established that in terms of traffic violations, the Ministerial Decree of August 15, 2007, must be disregarded, in the part in which it exempts the use of speed detection instruments with "dynamic" mode from the obligation to pre-warning "In pursuit" (such as "Scout speed").

In fact, this legislation is in conflict with art. 142, paragraph 6-bis of the legislative decree n. 285 of 1992, primary rule, of higher rank, which provides for a general pre-warning obligation, referring to all the stations present on the road network and dedicated to such controls, leaving the mere identification of the relative implementation methods to the ministerial decree (such as, for example, the installation on cars of luminous messages visible from the front and rear, containing the synthetic inscription "speed control" or "speed detection), without the right to derogate from them.

The methods of use, therefore, were established before by art. 3 of the Ministerial Decree August 15, 2007, and now by art. 7.3. of Annex 1 of the Ministerial Decree, 282/2017 cannot derogate from the obligation of prior reporting enshrined in a primary law source.