When a vehicle is used without meeting the required technical or administrative conditions, and the same violation is repeated even at different times, the law may treat these acts as a single offence under specific conditions. This rule aims to avoid excessive punishment for the same irregularity. However, if the behaviour continues after the first notification or immediate contestation, any further violations are considered new and separate offences.
If several violations of the same type are detected without stopping the driver immediately, the first notification absorbs all violations committed in the previous ninety days that have not yet been notified. This means that those earlier violations are treated as part of a single offence.
Similarly, if the violation is immediately contested to the driver, it can absorb previous violations of the same type detected within the previous ninety days, provided they were not already notified. In such situations, for safety and practicality, authorities may allow the driver to continue the journey by the shortest and quickest route.
When this absorption mechanism applies, the offender must still pay the administrative costs related to each detection and notification. However, regarding the main penalty, if reduced payment is allowed, a single amount equal to three times the minimum fine for the violated rule is applied, if this is more favourable than adding all individual fines.
This payment can be made within one hundred days from the first notification or immediate contestation. If the offender has already paid part of the fine under normal procedures, they may complete the payment within this period.
After payment, the individual may request the cancellation of the absorbed violations. This request must be submitted within one hundred and twenty days from the first notification or contestation, including proof of payment and related costs. The competent authority will review the request and, if all conditions are met, will order the cancellation of the absorbed violations.
๐ Read the official text of Art. 198 bis on the ACI portal (Italian)
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