The Contentious-Administrative Court number 33 of Madrid has annulled a fine of 200 euros imposed for not passing the ITV to a vehicle that was parked when it considered that “the offense to be sanctioned is constituted by the fact of circulating, not for the failure to submit the vehicle to the ITV periodically “.
In the last two years, the General Directorate of Traffic has imposed more than a million fines for not passing the ITV, for an approximate amount of about two hundred million euros.
In a sentence, to which Europa Press had access, the judge considers an appeal promoted by the organization for the defense of motorists Automovilistas Europeos Asociados (AEA) and agrees to annul a sanction imposed on a vehicle without ITV that was not circulating but was only parked.
The case was started by the complaint formulated by the Municipal Police of Madrid to a vehicle parked on a street in the capital due to the fact that “the vehicle outlined has not been submitted to the periodic technical inspection established by regulation.”
Given that infractions related to the technical conditions of vehicles and compulsory insurance are excluded from municipal jurisdiction, the sanction was imposed by the Madrid Provincial Traffic Chief after rejecting the allegations raised by the interested party.
The affected party decided to put the matter in the hands of the AEA lawyers to file the corresponding judicial appeal. In the lawsuit, they argued that in the current Road Safety Law it is not typified as an offense the fact of not submitting a vehicle to the ITV in the due period, but driving without it, a circumstance that did not occur in the denounced fact since the vehicle was parked.
Consequently, no sanction could be imposed for this reason because, otherwise, the principle of legality and typicity would be “infringed in the absence of a norm with the rank of law that would sanction the described conduct, since the law includes the term circular “.
The sentence sets a legal precedent
The judicial resolution accepts the theses of the AEA lawyers and rejects those defended to the contrary by the State Bar, because it considers that “the offense to be sanctioned is the one provided for in article 76 of the LSV and is constituted by the fact of circulating, not for the failure to submit the vehicle to the ITV periodically “.
For this reason, the judgment concludes that “the appeal proceeds by declaring the nullity of the appealed administrative decision in accordance with article 47.1 a) of the LPAC – Common Administrative Procedure Law – by infringement of the principle of typicity “.
AEA has highlighted that this judicial resolution constitutes an important legal precedent and it will make it possible to clearly determine what acts may or may not be sanctioned in relation to the technical inspection of vehicles.
For the president of AEA, Mario Arnaldo, “this sentence admirably reflects the doctrine of the Constitutional Court in relation to the principle of legal reserve in matters of administrative sanctioning law and recalls that no administration can use the analogy to sanction facts that are not expressly contemplated in the law “.