A bureaucratic error by Madrid City Council could lead to the return of points on the driving licenses of 10,000 drivers who have been incorrectly notified of traffic fines by the municipal corporation.
This is the scenario opened up by the ruling handed down by Madrid Administrative Court No. 29, the first to rule in favor of a motorist who had been issued a traffic ticket through the “red light camera” system.
This system consists of installing cameras at certain traffic lights to check whether vehicles stop at pedestrian crossings with traffic lights within the city. Failure to do so is an offense that carries a fine of €200 and the loss of 4 points on the driver’s license.
However, the ruling now obliges Madrid City Council to return the points deducted—and to pay €300 in legal costs—as it did not duly notify the offender of the fine, who claims that he was never aware of it and appealed against it.
The Madrid Tax Agency responded by arguing that “the fine had been notified through the BOE,” but a subsequent claim before the Municipal Economic-Administrative Court of Madrid (TEAM) pointed out that “the penalty decision was not legally or regulatively notified.”
Why is the fine considered illegal if it was published in the BOE?
The European Motorists Association (AEA) explains that the notification of fines through the BOE is an “exceptional” measure and that, as stated by the Constitutional Court,“no one can be obliged to read the official gazettes every day to see whether or not their name appears published.”
It is therefore the responsibility of the administration to “exercise a minimum of diligence,” such as notification at the address.