A few weeks ago I received a notice from Trafico stating that my car was traveling at 120 km/h in an area where the speed was limited to 80km/h, and that they opened a fine – penalty procedure. I did not realize that I had been asked to identify the driver and therefor did not. A few days later, I received a letter asking me to pay 900€ for not identifying the driver. What can I do?.
Dear Reader, thank you for your inquiry.
Recently we received a consultation like yours, which has been successfully resolved.
What happens in these cases is that when the Traffic Authorities through a radar placement identify a car driving at excessive speed, as the fine is not served by the agents in the same moment, the vehicle’s owners receive a notice by post communicating the start of penalty proceedings. In this first communication, the vehicle’s owner is informed about the infringement, and he is formally requested to identify who was driving the car.
If the owner does not identify who the driver was, then Traffic Authorities do not know who the offender was, and cannot fine anyone for speeding. So, Trafico opens a different disciplinary proceeding against the car owner for refusing to identify the driver, which is considered a serious traffic offense under the Road Traffic Act (Article 9 Bis 1), and carries a penalty of € 900.
Recently we were visited by a client who also did not realize that he was asked to identify the driver and was also fined €900. We sent a letter to the Traffic Authorities, confirming that he was unaware of his obligation to identify the driver, and we identified this driver on our application, requesting the authority to archive the penalty process for lack of identification, leaving open just the speeding offence process.
Fortunately, Trafico accepted our petition and sent our client just a penalty for speeding which has been paid within the first 20 days with a discount of 50%, amounting to a total of 150 €, which meant that we had saved € 750.
Therefore, please if you receive a letter, notice, etc. from Trafico, you must read it carefully, make sure what is asked for, and if you are requested to identify the driver at the time of the infringement, do so, or you can face a penalty of € 900.
The information provided in this article is not intended to be legal advice, but merely conveys general information related to legal issues.
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