Madrid Judge Dictates that Owners of a Parked Car Cannot be Fined for not Having a Current ITV

The Contentious-Administrative Court of Madrid has issued a recent ruling in which it points out that the obligation to pass the Technical Inspection of Vehicles applies to all registered vehicles. Goes on to state that vehicles which are circulating without an up to date ITV can be sanctioned.

Therefore in the ruling (available here), the judge annuls a fine of 200 euros imposed on a vehicle for not having passed the ITV because it was not circulating and the fine imposed whilst the vehicle was parked on a public road therefore going against the provision in the law.

The the reference provided for in article 76 of the Royal Legislative Decree 6/2015, of October 30, which approves the revised text of the traffice law “Circulation of Motor Vehicles and Road Safety” refers to a serious offence “driving a vehicle that does not comply with the technical conditions established by regulation and infractions related to the rules that regulate the technical inspection of vehicles”, that is, it penalises the action of driving but not the mere failure to submit the vehicle to the ITV periodically.

For its part, article 10.1 of the General Vehicle Regulations, although it imposes the obligation of periodic inspection is only that, the imposition of an obligation.

The Court understands that the obligation to pass the Technical Inspection of Vehicles has a general nature for all registered vehicles, but understands it only applies those vehicles without ITV are circulating can be punished.

CAB note* This type of case can set a precedent, but should not be taken as meaning that you have the right to have a vehicle on the road without a current ITV. If I find you would have to challenge the case, probably in a court.

The above is an edited translation from Noticias Juridicas link provided.

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