Il contrassegno disabili deve essere valido in tutta Italia

15 marzo 2022 – Il contrassegno che autorizza i disabili al passaggio nelle zone a traffico limitato deve essere valido su ogni auto e ovunque in Italia. Lo ha ribadito la Corte di Cassazione, disponendo l’annullamento di una multa irrogata a Roma ad una donna che trasportava il padre disabile,  per il passaggio dell’auto nella corsia riservata ai mezzi pubblici. Una sanzione scattata perché il sistema di controllo automatico non aveva “riconosciuto” il permesso rilasciato da un altro comune. La ricorrente è comunque dovuta arrivare fino in Cassazione per vedersi annullare una sanzione considerata legittima sia dal Giudice di pace sia dal Tribunale. Ad avviso dei giudici di merito, infatti, l’esposizione sul parabrezza del contrassegno rilasciato dal Comune di Frascati, non bastava per avere il via libera alla circolazione anche nelle zone off limits al traffico “ordinario”, ma era necessario che la persona autorizzata facesse presente al comune capitolino il suo diritto di transito. Per la Suprema corte si tratta di un chiaro limite alla libertà di spostamento, imposto alle persone che hanno un handicap.
I giudici di legittimità hanno quindi ricordato che il “pass” in questione ha lo scopo di ridurre il più possibile i problemi di deambulazione. Un fine che non può essere vanificato dalla inadeguatezza dei sistemi di controllo automatico, non in grado di rilevare la presenza del tagliando sul cruscotto. La soluzione, conclude la Cassazione, non può certo essere quella di addossare ai disabili obblighi e incombenze che non gli competono, ma sta semmai nel dovere delle pubbliche amministrazioni di adeguare i sistemi di verifica. In attesa che questo avvenga gli enti devono fare le verifiche sulla correttezza del passaggio con un esito che «non può porsi preventivamente a carico del soggetto autorizzato». Gli enti locali sono dunque avvisati sul comportamento da tenere, mentre si attende l’entrata in vigore del contrassegno unico, il cui debutto dovrebbe risolvere il problema una volta per tutte.

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