Oviedo Court Cancels Fine for Expired ITV on Parked Car. A court in Oviedo has overturned a €200 fine for an expired ITV when the car was parked. The decision stresses that the penalty is only applicable if the vehicle is in motion on the road. This ruling changes the way police handle such cases.
In Oviedo, a court overturned a €200 fine that had been issued to a driver for an expired ITV, even though the car was parked and not in use. This court decision has set an important precedent for all of Spain: it is now clear that an expired technical inspection cannot be grounds for a sanction if the vehicle is not being driven on the road.
The incident occurred in September last year, when police fined the car owner after finding his vehicle with an expired ITV parked on the street. The driver disagreed with the penalty and took the case to court. As reported by Cadena Cope, the judge ruled that fines for lacking a valid technical inspection are only justified if the car is actually in motion. Simply being parked in a public space does not constitute a violation.
The court's decision emphasizes that the obligation to undergo ITV inspection is ongoing, but liability arises only when the vehicle is used on the road. This contradicts the practice of some police departments that considered the mere presence of a vehicle with an expired ITV on the street a violation. The law clearly states that sanctions apply for 'driving without ITV,' not for parking.
The court's ruling has sparked debate among motorists and legal experts, as it affects the approach to inspections and fines nationwide. Now, drivers whose cars are stationary can expect protection from such penalties. It is important to remember, however, that if a car with an expired ITV is driven, a fine will be unavoidable.
In Spain, tens of thousands of fines are issued every year for the absence of a valid vehicle inspection. However, as this case shows, not all of them comply with the letter of the law. For comparison, disputes also arise in other regions of the country regarding the interpretation of traffic regulations and driver liability. For example, Catalonia recently discussed issues related to the legalization of migrants and their access to rights, which was explored in detail in a report on obtaining work and residence permits. in Barcelona.
For reference: ITV (Inspección Técnica de Vehículos) is the mandatory vehicle inspection in Spain. Driving without it on public roads results in a fine starting at 200 euros. However, if the car is not in use, the sanction does not apply. The court decision in Oviedo could serve as a precedent for similar cases in other regions of the country.
