Tutor Fines: The Court of Cassation and the 5% Reduction on Detected Speed (Order no. 15894/2025)
The "Tutor" system, a widespread tool for monitoring average speed on highways, is often at the center of debates regarding its accuracy. The Order of the Court of Cassation no. 15894 of June 13, 2025, addresses a crucial aspect: the application of the tolerance margin. This ruling provides fundamental clarifications for the legality of sanctions and the protection of motorists' rights.
The Legal Tolerance for "Tutor"
The Italian legislator has provided for a tolerance margin to compensate for possible inaccuracies in instruments like the "Tutor." Article 345, paragraph 2, of the Implementing Regulation of the Highway Code (DPR 495/1992) establishes a mandatory reduction to the detected speed value. This rule is essential to ensure the correctness of sanctions.
In the matter of administrative sanctions resulting from an infraction for exceeding speed limits ascertained by the "tutor" system, pursuant to art. 345, paragraph 2, of the implementing regulation of the highway code, a reduction equal to 5 percent, with a minimum of 5 km per hour, is applied to the detected speed value.
The ruling of the Court of Cassation is clear: the speed ascertained by the Tutor is not the "net" speed on which the sanction is based. It is mandatory to apply a reduction equal to 5% of the detected speed, or a minimum of 5 km/h, choosing the more favorable value. For example, if a Tutor detects 100 km/h, the sanctionable speed will be 95 km/h. If it detects 60 km/h, 5% (3 km/h) is less than the minimum 5 km/h, so the speed considered will be 55 km/h. This tolerance is a legal guarantee to protect citizens from instrumental errors.
The Court of Cassation's Ruling: A Crucial Remand
Order no. 15894/2025 arises from a dispute between the State Attorney General's Office (M.) and party L. The Supreme Court has "quashed with remand" the decision of the Court of Genoa (07/10/2022). This means that the judgment has been annulled and the matter has been sent back for a new examination, with the obligation to correctly apply the legal principle enunciated by the Court of Cassation. The ruling, with Dr. R. G. as rapporteur and author, reiterates the mandatory nature of Article 345, paragraph 2, of the Regulation, which is based on Article 142, paragraph 7, of the Highway Code. These provisions balance road safety and citizens' rights.
Why is Tolerance an Essential Right?
The application of the tolerance margin responds to fundamental principles:
- Technical Reliability: It acknowledges minor inaccuracies in instruments.
- Citizen Protection: It ensures sanctions only for certain infractions.
- Principle of Legality: It guarantees sanctions in compliance with regulations, as reiterated by the Constitutional Court.
Conclusions and Useful Advice
Order no. 15894/2025 strengthens the position of motorists. It is essential that every speeding ticket issued by a "Tutor" clearly indicates both the detected speed and the final speed after the reduction (5% or minimum 5 km/h) has been applied. If not correctly applied or mentioned, the fine may be illegitimate and subject to appeal. Carefully check the ticket and, in case of doubt, consult with expert legal professionals. Qualified assistance can be decisive in ensuring justice is served.
