Prefect’s decision on appeal

After an appeal is submitted, the Prefect examines all available elements: the report of the violation, the documents provided by the enforcing authority, the appeal itself, and any supporting documents. If the applicant has requested a personal hearing, the Prefect may also summon them.

If, after this evaluation, the Prefect considers the violation valid, they issue a reasoned order requiring payment of a sum. This amount cannot be lower than twice the minimum penalty established by law for that violation and is determined based on the seriousness of the offence and the circumstances of the offender. The order also includes costs and is notified to the offender and any other persons responsible for payment.

If the Prefect considers the violation unfounded, they issue a reasoned decision to archive the case, effectively cancelling the procedure. This decision is communicated to the authority that detected the violation, which then informs the applicant.

The time limits for the Prefect’s decision are strict and mandatory. If these deadlines pass without a decision being issued, the appeal is automatically considered accepted, and the penalty does not have to be paid.

If a personal hearing has been requested, the decision deadline is suspended until the hearing takes place. If the applicant fails to appear without justification, the Prefect will decide based on the available documents.

The payment order must be notified within the legal time limits. After notification, the amount must be paid within thirty days. If payment is not made within this period, the order becomes an enforceable title, allowing forced collection procedures to begin.