Until now, the General Directorate of Traffic has been fining the holders who had their respective vehicles parked on public roads without having the ITV in force. However, a legal precedent has been set against it.
The Contentious-Administrative Court number 33 of Madrid has established a precedent that in the future will protect many owners of vehicles without the Technical Inspection of Vehicles (ITV) in force.
And it is that, according to the Spanish Association of Motorists (AEA), the General Directorate of Traffic (DGT) has imposed in the last two years more than a million fines for not passing the ITV, but many of them were imposed on holders of parked vehicles, not in circulation.
“The offense to be punished is constituted by the fact of driving, not by the failure to submit the vehicle to the ITV periodically”
An appeal filed by AEA in relation to a fine of 200 euros for this reason has created the precedent, indicating the court that “the offense to be sanctioned is the one provided for in article 76 o) of the LSV (Road Safety Law) and It is constituted by the fact of driving, not by the failure to submit the vehicle to the ITV periodically, since no infraction defines article 10.1 of the General Vehicle Regulations, which actually what it does is impose the obligation of its periodic inspection, which does not mean that it is describing any infringing conduct “.
As a result, the judgment concludes that «The appeal proceeds declaring the nullity of the administrative decision appealed pursuant to article 47.1 a) of the LPAC for infringement of the principle of typicity ”.
That is, it is not reportable not to comply with the deadlines set by the ITV, but to circulate having not met those deadlines and any remedy related to this type of incorrectly formulated fine can build on this important legal precedent.
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The fine for driving without ITV
Another issue is that we drive without having the ITV in force, in this case there is no possibility of evading the sanction and we will have to assume the consequences depending on the type of infraction.
In the case of not having taken the car to the inspection within the indicated deadlines, that is, with the ITV expired, the penalty can carry 200 euros with the possibility of reducing it by half for prompt payment. But if your vehicle has not passed the inspection for very serious defects, which we know as Negative ITV, and even so you have continued to circulate, the fine can amount to 500 euros without the possibility of resorting to the prompt payment method.
Finally, in the case of Unfavorable ITV, that is to say, circulate with serious failures that only allow you to travel to a workshop to undertake the necessary repairs, the fine will also be 200 euros, as in the case of the expired one.