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No fine for ‘urgent call’ while driving: Italy court

Speaking on the phone while driving is perfectly acceptable if the call is an important one, a court in Perugia has ruled.

No fine for 'urgent call' while driving: Italy court
An Italian motorist has escaped a fine for driving while on the phone by proving that the call was urgent. Photo: Lord Jim/Flickr

The court overturned a fine given to a female motorist because she answered an important phone call from her grandmother's nursing home while driving.

The nursing home called to tell the woman that her grandmother was about to die, but the motorist was fined for answering the phone without using a hands-free set, Adnkronos reported.

Angered to have picked up a fine in what she felt were exceptional circumstances, the woman launched an appeal under article four of law 689/81, which states that driving while talking on the phone without using a hands-free set is acceptable, provided you are in a “legitimate state of need” or the call was made “in self defence”.

While both of those categories are open to interpretation on a case-by-case basis, the Perugia judge said that the woman had shown “a state of need in line with what the law requires” to avoid her fine.

The decision is a success for Italian motorists looking to appeal against similar fines and sets a precedent, although it is perhaps unlikely to open the floodgates to similar appeals.

In order to win her battle the woman had to present the judge with her grandmother's death certificate, proving that her elderly relative died just a few hours after the fine was issued.
 

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Reader question: How can I buy a telepass for my trip to Italy?

For long-distance travel by road in Italy, you may want to use the Telepass system - but how can you sign up before you arrive in the country?

Reader question: How can I buy a telepass for my trip to Italy?

Question: “I’ve tried to buy a telepass for Italy’s autostrade from a German company online, but they refuse to send the unit to my United Kingdom address. Do you know how I can buy a telepass electronic travel unit before my trip?”

If you use Italy’s autostrade or motorways, you’ve no doubt heard about the Telepass system.

It’s not essential to have a Telepass, but it can be a more convenient (and cheaper) way to use Italy’s motorways, as well as to pay for parking, and even for other transport services like taxis, trains and ferries.

The Telepass is best known as a device that you stick in your vehicle which lets you pass through Italy’s motorway tolls without queuing at the gates or having to stop and pay with cash or card.

If you have it, you can drive through dedicated toll lanes (you’ll see yellow lines and sometimes a yellow ‘T’ on the road). The barrier will lift automatically and you can drive right through once you hear the device beep.

Telepass Europe plans also allow the device to be used on motorways in Spain, France and Portugal.

READ ALSO: What is Italy’s Telepass and how do you use it?

People living in Italy usually pay a monthly subscription for the device, but there’s also a pay-as-you-go option too with a one-off activation charge of €10 which is usually more convenient for visitors.

See the official Telepass website for details of current offers and pricing plans. 

You can sign up directly via the Telepass website or the app, through which you’ll also make payments and keep track of your subscription and expenses.

There are also various third-party websites offering Telepass plans, but as our reader found, these do not always ship to addresses outside of mainland Europe.

READ ALSO: How to pay Italian traffic fines from abroad

The Telepass website says the device can be sent out to your home address. There does not appear to be any limitation on the countries to which the device can be shipped, but if in doubt you can contact the Telepass customer service team via their support page.

You can also choose to pick up your new device from a Telepass point, located at gas stations around Italy.

Do you have a question about travel in Italy? Get in touch with the team at The Local by email.

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