Article. 208 of the Highway Code (Legislative Decree April 30, 1992, No. 285, as amended and supplemented by subsequent regulations: art.15 of Legislative Decree no. 9 / 2002, article 1, paragraph 564 of Law 296/2006), in its previous version required the proceeds on penalties road for part of the responsibility of local authorities, were intended for a share of 50% in order to allow local law enforcement agencies making in schools of all levels, educational courses designed road safety education, and other interventions better than specified below:
- improvement of traffic on roads, including seasonal hiring in the project in the form of fixed-term contracts and other flexible working arrangements;
- strengthening and improvement of road signs;
- the preparation of urban plans and traffic Plans for the interurban road traffic in art. 36 of the Code of the road
- provision of technical resources required for police services and road competence;
- the implementation of measures related to mobility chassis;
- finally an amount no less than 10% of that share interventions for road safety in particular the protection of vulnerable road users: children, elderly, disabled pedestrians and cyclists.
The underlying purpose of the standard art. 208 mentioned, since its original version, is twofold: first, the legislature pursues the aim of increasing road safety by requiring local government to use some of the resources under the finding of violations of the provisions contained in the Highway Code, to perform actions for that purpose, both through education of users, and through direct interventions to improve the safe use of public roads and secondly, it sought an end of an accounting nature, aimed at ensuring the balance of the budget of local government, ensuring that they can be allocated to current expenditure, of stable and recurring revenue, however, tend to be random and uncertain in their amount.
In fact, the Highway Code has been amended several times by the law 29/07/10 No 120, which took over the article 208, which is extracted below:
1. The proceeds of administrative fines for violations under this Code shall be vested in the State, when violations are detected by officials, officers and agents of the State, as well as by officials or agents of the State Railways or railways and tramways in the concession. The proceeds are donated to the same regions, provinces and municipalities, when violations are detected by officials, officers and agents, respectively, regions, provinces and municipalities.
4. A share of 50 percent of the proceeds payable to the institutions mentioned in the second sentence of paragraph 1 and 'intended:
a) by not less than one quarter of the share of replacement surgery, modernization, enhancement of retrofitting and maintenance of signs on the streets of ownership of an entity;
b) by not less than quarter of the quota, the strengthening of monitoring and investigation of violations of road traffic, including through the purchase of vehicles, vessels and equipment of the Corps and the police provincial and municipal police under d -bis) and e) of paragraph 1 of Article 12;
c) other purposes related to the improvement of road safety, road maintenance on the property entity, installation, modernization, strengthening, the retrofitting and maintenance of barriers and the accommodation of the road surface of the same roads, the preparation of the plans referred to in Article 36, to safety interventions protection of vulnerable road users such as children, elderly, disabled, pedestrians and cyclists, the performance by local law enforcement agencies, schools of all levels, courses aimed at teaching road safety education, assistance measures and security for the personnel referred to in points a-d) and e) of paragraph 1 of Article 12, to the measures referred to in paragraph 5-a of this article and on measures to promote mobility chassis.
5. Gli enti di cui al secondo periodo del comma 1 determinano annualmente, con delibera della giunta, le quote da destinare alle finalità di cui al comma 4. Resta facoltà dell'ente destinare in tutto o in parte la restante quota del 50 per cento dei proventi alle finalità di cui al citato comma 4.
5-bis. La quota dei proventi di cui alla lettera c) del comma 4 può anche essere destinata ad assunzioni stagionali a progetto nelle forme di contratti a tempo determinato e a forme flessibili di lavoro, ovvero al finanziamento di progetti di potenziamento dei servizi di controllo finalizzati alla sicurezza urbana e alla sicurezza stradale, nonché a progetti di potenziamento dei servizi notturni e di prevenzione delle violazioni di cui agli articoli 186, 186-bis and 187 and the purchase of vehicles, vessels and equipment of the Corps and the police provincial and municipal police under d-bis) and e) of paragraph 1 of Article 12, intended to strengthening of audit services aimed at urban safety and road safety.
The new legislation concerning, first, the introduction of the analytical aims of the proceeds in question, and share an essential 50% of the proceeds payable to local authorities to be allocated to the purposes of the letters a), b) and c) paragraph 4, of the same resulting in a minimum of one quarter (50%) for each of the first two letters; emphasizes the requirement for local authorities to approve annually, with a special resolution of the Board, using the proceeds to the purposes of Article. 208, leaving the right institution to allocate the remaining 50%, even in full, the same purposes and requires accountability at the end of the year to allow the competent ministries to carry out the required evidence.
is added, the chance to make assumptions to project seasonal and flexible contractual arrangements, including the right to proceed with the financing of projects to upgrade the monitoring bodies to improve safety and highways, as well as strengthening night services and the prevention of violations of articles on driving under the influence of alcohol or drugs.
The interpretation results in additional work or referring to services that involve a greater commitment and presence in the workplace (shifts, overtime, flexible hourly) expressly aimed at the strengthening of monitoring and investigation of violations. On the contrary, it would solve the question in the case of new recruits because the legislature expressly provides for the only case allowed the recruitment of a seasonal project.
On the same assumption would be allowed the opportunity to finance, with income in questione, il prolungamento dell’orario di lavoro di unità di personale già inserite nella struttura organizzativa dell’ente e che prestano la propria attività lavorativa a tempo parziale presso il servizio di Polizia municipale o provinciale.
Si può sostenere che, con questa disposizione, il legislatore abbia voluto riconoscere valore alla maggiore efficienza e al maggior risparmio realizzabile utilizzando il medesimo personale, dotato di divise e mezzi tecnici già nella disponibilità dell’ente, superando la lettura interpretativa precedente che non ravvisava la connessione tra tale spesa e il “miglioramento della circolazione stradale”.
In riferimento agli oneri previdenziali or tax positions related to the work of members of the body of the municipal police and the supplementary pension, already the Constitutional Court No 426, 17.10.2000 had ruled on the constitutionality of Article. 208, paragraph 2, letters. a) and 4 cds in that allows you to allocate additional security staff of the municipal police part of the proceeds of administrative fines under the Highway Code, clarifying that "the rules drawn shows that the legislature intended fund special, powered by the proceeds of fines resulting from violations of the Highway Code, available to local authorities to provide, at the discretion conferred on them by paragraph 4 of the contested provision, at the specific purpose of promotion of the proper functioning of the road and considering the conditions, which may be particularly disadvantaged in terms of safety and health of persons in charge to verify compliance with the rules of the road itself. The legislature has not funded at all instead to the personnel of the Municipal Police Force.
In other words, the contested provision (paragraph 4 of art. 208) concerning the powers of local authorities and their provision of resources. The decisions of local authorities themselves are conditioned by the existence of such resources, and then from the activities of officials responsible for the violation of the rules of the road, but by the availability of the same, there is no link between them and their intended purposes in favor of welfare and social security agents local police or other purposes provided by law. "
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