In the midst of one of the harshest revisions that is remembered about the Traffic Law , the Justice has given a strong setback to the General Directorate of Traffic (DGT). Specifically on a rare fine, but on which the focus had been placed in recent months , the courts have set a clear precedent in favor of older cars and the Technical Inspection of Vehicles (ITV).
Spain is one of the countries with the most outdated car parks on the Old Continent. A fact against which the DGT wants to fight, either favoring measures to renew a car or toughening the penalties against older vehicles . The last case that has been seen in the new hardening against the so-called ” zombie car ” as well as other penalties that refer to older wheels.
For example, with regard to the ITV, mandatory for the circulation of all vehicles , the institution led by Pere Navarro was fining, even parked cars that did not pass said review. Something that can no longer happen, as it is considered illegal by the Contentious-Administrative Court number 33 of Madrid.
If a car does not move, an ITV is not necessary
Specifically, the magistrate has decided to annul the sentence of a driver who had been fined 200 euros for having his vehicle parked without a valid MOT . Without proof that it is in circulation, the DGT agents cannot fine, since this is stipulated by the various Traffic regulations.
For example, article 4 of the General Traffic Regulations considers that the ITV must be passed in “vehicles registered or put into circulation”. Same example that shows article 76 of the Road Safety Law where the act of “driving with a vehicle that does not comply with the established technical regulations is considered serious.”
The DGT assumes the decision of the courts and will stop imposing penalties for this reason
Thus, taking into account these two aspects, a parked car cannot be penalized even if it does not have a valid ITV. Something that has been endorsed by the Associated European Motorists (EAE) who have considered this a great triumph in the face of the unjust fines from the DGT.
On the other hand, from the institution directed by Pere Navarro they have ensured that, from now on, ” no fine will be issued if the ITV has not passed, whether the affected person is parked in a garage or if he is parked on public roads .” A clear setback against one of the most controversial sanctions that ends with any doubt in favor of drivers.
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