A judge in Madrid has annulled a fine given to a parked vehicle for not displaying an ITV sticker
A judge in Madrid has annulled a fine of €200 euros that was given to the owner of a parked vehicle that had not passed the technical inspection of vehicles, or ITV. The judge established that the punishable act is only when driving without having the vehicle in order.
As indicated by the legal services of Associated European Motorists (AEA), this resolution sets an important judicial precedent in relation to fines that are being imposed on vehicles that do not circulate, for not passing the ITV.
The AEA assures that in the last two years, the General Directorate of Traffic (DGT) has imposed more than one million fines for vehicles not passing the ITV. This works out at approximately €200 million in fines.
In response to this appeal by the AEA, Loreto Feltrer, the Contentious-Administrative judge No33 of Madrid, stated that, “The offence to be sanctioned is constituted by the fact of driving, not by the failure to periodically submit the vehicle to ITV”. Basically, he is saying a vehicle can not be fined while parked, even if it has no ITV.
The car had been parked on a street in Madrid with no valid ITV sticker
The case in question began with a complaint brought by Madrid’s Municipal Police against the driver of a vehicle parked on a street in the capital. This vehicle was observed to not be displaying the ITV sticker on its windscreen, and subsequently, the driver was sent a fine.
Given that infractions related to technical conditions and compulsory insurance are excluded from municipal jurisdiction, the sanction was imposed by the provincial head of Traffic of Madrid. This was after rejecting allegations raised by the fined driver, who filed a judicial appeal through the lawyers of the AEA.
Mario Arnaldo, president of the AEA, in a statement, commented that, “This judgment admirably reflects the doctrine of the Constitutional Court in relation to the principle of legal reserve in matters of administrative sanctioning law”, as reported by larazon.es.