A Supreme Court annuls the Madrid regulations, established in 2010, which allows urban agents fining drivers without stopping them. AEA, European Automobile Associates, denounced this change in the law. Now almost four years after the Supreme Court has ruled, declaring illegal.
In 2010 a bylaw that allowed Madrid municipal police to punish drivers without the need to inform entered into force. This caused many complaints from drivers and associations. The AEA, denounced this change in the law, and now the Supreme Court has given the reason, declaring the illegality of such a measure.
Amendment No. 58 Article 99 allowed the officers of the Municipal Police of Madrid They could issue fines without the need to inform if they were regulating traffic or without the means to prosecute the offender.
But now, after years of litigation AEA, European Automobile Associates, It has ensured that the Supreme Court rejected such legislation declaring illegal only be admissible if stopping the vehicle may cause a traffic hazard. It also ensures that notification in the act is a guarantee for both the administration and for the defendant.
From now agents should arrest the offender, provided that the conditions and traffic safety permit. Failing to carry out this action must complete a regulatory text indicating very precisely, the failure to undertake such action.
The AEA has declared its compliance with the judgment of the Supreme Court, as from the outset considered that the measure was disproportionate and completely illegal. They estimate that approximately 80% of the complaints by local agents, since the entry into force of the legislation, they have been made illegally.
the association also asked in the coming days the Mayor of Madrid, Ana Botella, the review and cancellation of more than 600,000 complaints, including those who are in the Tax Agency. This operation should include monetary refund of the fine and reimbursement of lost points.
It is also encouraged any affected by such rules apply for the removal thereof and refund and precious points. All those offenders who have been reported between December 17, 2010 and June 8 this year may request a review and subsequent annulment of the fine.
However, despite expressing his joy at the judgment of the Court, AEA does not hide his disappointment, since the last reform of the Traffic Act, you already have, it includes an article that coincides exactly with the recently outlawed Municipal Ordinance Madrid.