L’art. 126-bis co. 2 del Codice della Strada indica che, avendo commesso un’infrazione che prevede anche decurtazione di punti alla patente, si debba indicare chi era alla guida per provvedervi. Adempimento che deve essere fatto entro 60 giorni da quando si riceve il verbale. La sanzione è di un minimo di circa 300 euro, spesso importo superiore a quanto si paga per la violazione che ha dato origine al tutto
Sono molti (troppi) i multati che non vi ottemperano. I motivi sono vari, ma il principale è che, nell’articolato testo del verbale, la visibilità di questo adempimento non è in evidenza e si confonde in un testo (corpo 8 quando va bene) che quasi nessuno legge tranne che, aguzzando la vista, gli importi per pagare e i tempi per farlo in maniera ridotta (quando ciò è previsto) entro 5 giorni dalla notifica. Ci vuole poco a evitare che ciò accada. Basterebbe che il ministero desse indicazioni per una maggiore evidenza di questo adempimento e, in attesa/mancanza, i singoli Comuni provvedessero alla bisogna. Auspichiamo e invitiamo che ciò accada, sperando che ministero e Comuni siano più interessati al rispetto della legge con meno danni possibili per i multati e non il contrario…. l’attuale situazione “grafica”, purtroppo, ci fa essere maligni. Segnaliamo in proposito una specifica campagna dell’Associazione Nazionale Coordinamento Camperisti (www.coordinamentocamperisti.it), che sta prendendo il via rivolgendosi a tutti i Comuni. L’art.126 bis, comma 2 esiste e, al momento, non può essere impugnato di per sé. Sarebbe meglio che la decurtazione dei punti avvenisse in modo automatico all’intestatario del verbale, segnalando la possibilità di indicare altre destinatari (realmente altro o, per esempio, mezzi intestati ad aziende).. ma evidentemente il legislatore non è interessato. Ci sono infine altri motivi che andrebbero a vantaggio della modifica legislativa:
– talvolta chi riceve il verbale indica persone (quasi sempre anziane) che non guidavano al momento dell’infrazione, ma la cui decurtazione punti reca loro meno danni…. e chi commette l’infrazione non è assoggettato ai rigori della legge. – quando l’infrazione commessa prevede la decurtazione di molti punti, financo la sospensione della patente, chi riceve il verbale preferisce pagare la multa per omessa dichiarazione piuttosto che sottomettersi ai rigori della legge…. risultato: il rigore della legge non ha efficacia (se non monetariamente) sul ravvedimento del multato e sulla sicurezza in generale.
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