The Contentious Administrative Court 32 of Madrid has annulled a fine for access to the ZBE of the Central District for violating the Principle of Legitimate Confidence.
The Low Emission Zones (ZBE) of those municipalities with more than 50,000 inhabitants, which have been mandatory since January 1, can be a real headache for drivers who face economic sanctions if they enter with a vehicle whose badge DGT’s environmental policy (or lack thereof) restricts it.
However, from Pyramid Consulting, representing a client who had been penalized on the A42 as it passed through Plaza Elíptica, they report that they have managed to get Madrid’s Contentious Administrative Court 32 to annul a fine for access to the ZBE of Central District for violating the Principle of Legitimate Confidence.
Annulled a fine for access to the LEZ of the Central District of Madrid for violating the Principle of Legitimate Confidence
The expert legal advice on resources and management of traffic and transport fines indicates that there had been a lack of transparent information to the citizen, generating a situation of legal uncertainty by not sending the driver the informative letter established in article 242.3 of the Ordinance informing of the entry into force and operation of the LEZ.
Pyramid Consulting explains that it is a case of violation of the Principle of Legitimate Confidence, a principle that governs the relations between citizens and this Administration, and that forces the relations between both to be framed within margins of predictability and legal certainty. contemplated in articles 9 and 103 of the Constitution.
The advisory also indicates that the informative letters were not sent to the drivers sanctioned for access to Plaza Elíptica.
On the other hand, the Madrid City Council, according to Pyramid Consulting, is initiating the maximum number of fines possible for the same driver, and notifying them at the same time, for accessing the LEZ on different occasions, when in reality it is an infraction continued over time and, therefore, must be processed as a single sanction.
In addition, the legal counsel explains that the Madrid City Council must certify that the signage of the ZBEs in Madrid complies with the provisions of instruction MOV 21/3 and the council still does not properly signpost (specifying the authorized environmental labels) the accesses to these restricted areas.
