Speed cameras, approval not enough, approval needed

Just a few days after the start of the census of the speed cameras present on Italian roads, following Directorial Decree 305 of 18 August 2025 of the Ministry of Infrastructure and Transport, the Supreme Court of Cassation once again reiterates its orientation on the subject. That is, that the approval of speed cameras is not sufficient to validly ascertain the exceeding of speed limits, but that the approval of the devices themselves is necessary.

With Ordinance 26521/25 published on 1 October 2025, the Supreme Court confirmed the principle consolidated almost 18 months ago with Ordinance 10505 of 18 April 2024, which marked a turning point for motorists' appeals. To be considered compliant, and thus to be able to legitimately sanction speeding excesses, an electronic detection device must be type-approved.

The last case in chronological order, on which the Court of Cassation ruled, concerned a motorist who had been fined for driving at a speed of 88.40 km/h when the prescribed speed limit was 70 km/h. In contesting the sanction, the motorist had appealed because the Justice of the Peace had ruled in favour of the municipality that had ascertained the infringement. The Court of Pescara had confirmed the position of the Justice of the Peace, arguing that the assessment was legitimate because the electronic device, although not homologated, had been duly approved by the MIT. The Court's interpretation was based on Article 192 of the regulation of the Road Code, according to which stricter approval would only be necessary for devices with fundamental characteristics or particular prescriptions imposed by the regulation itself. For all other devices, mere approval would suffice.

This interpretation was rejected by the Supreme Court of Cassation, to which the motorist had appealed as a last resort, precisely because, according to the Ermellini, there is no equipollarity between approval and homologation, as already reiterated in April 2024. The approval procedure constitutes, in fact, a preliminary step, endowed with its own autonomy, but which serves as the basis for the subsequent approval, which is the result of a separate and consequential activity.

The new order of the Court of Cassation runs parallel to the launch of the centralised, public and official speed camera archive, generating a situation that risks fuelling the confusion of motorists. As per the instructions of the Ministry of Economic Development, the Traffic Police, Carabinieri, Municipalities and Provinces have sixty days to enter the data of their devices on the Telematic platform of the Ministry of Economic Development and thus be able to legitimately use the speed detectors on their territory. As of 1 December, those who have not communicated the required information will not be able to use the devices and will consequently not be able to impose fines and collect their fees.