A judge cancels a €200 fine for expired ITV
Have you ever heard of a 200-euro fine for having an expired ITV, but with the car not even in motion? Well, that has happened in Oviedo, where a judge has put an end to this confusion that had many drivers baffled. The tension between traffic officers and drivers over the interpretation of the law reaches a new chapter.
The key issue is not that the ITV is expired (we already know the Directorate General of Traffic doesn't like that at all), but whether the vehicle was moving or not when the sanction arrived. And this is where the ruling from the Administrative Court number 3 of Oviedo makes things very clear.
The fine for expired ITV: when is it sanctionable?
The case that sets precedent
On September 15, the judge in Oviedo annulled a 200-euro fine imposed on a car that was parked with a expired ITV. The key? The vehicle was not moving, but stationary on the public road. The magistrate made it clear that "parked is not circulating" and, therefore, you cannot be fined for expired ITV if the vehicle is immobile.
What exactly does the law say?
Article 76 of the Traffic, Motor Vehicle Circulation, and Road Safety Law establishes that driving without a valid ITV is sanctionable. But the regulation does not explicitly refer to the parking situation. This has caused confusion among officers and drivers, who often face unexpected fines when the car isn’t even moving.
Police interpretations vs. Judicial ruling
Interpretation conflict
Some police forces understand that having an expired ITV and the car parked on a public road is already an independent infraction. This idea has caused sanctions like the one in the Oviedo case, which the judge has outright rejected. The result: a ruling that protects the citizen from abusive sanctions.
What the judge says
According to the ruling, the obligation to have a valid ITV is permanent, but the sanction only activates when the vehicle is actually used for driving. This distinction doesn’t exempt updating the ITV, but limits the fine if the car is simply parked, even if it is badly parked or in an authorized zone.
Repercussions and advice for drivers
A precedent for appealing fines
The Oviedo case is not isolated, but it is the first to clarify the legal misunderstanding. So, if you receive a fine for expired ITV with the car parked, you can appeal it with this judicial precedent as support. That said, driving without a valid ITV remains sanctionable.
What to keep in mind
Even if you can’t be fined for just being stopped, keeping a vehicle with an expired ITV on a public road can lead to other problems, such as the obligation to move it to a private space. Therefore, it’s better not to delay and get the inspection up to date.
What is clear is that for the law, being stopped is not the same as circulating. And this difference, when 200 euros are at stake, makes all the difference between a fair fine or an unjust sanction.
