The distinctive environments of the General Directorate of Traffic came into force eight years ago. During this time, several cities have launched their plans to reduce CO2 emissions, implementing the so-called Low Emission Zones, although in principle the DGT does not plan to make changes to the environmental labels, cities with more than 50,000 inhabitants must go. implementing their ZBEs.
Furthermore, the year 2024 marks an important milestone in a city like Madrid in terms of low-emission zones. After months of restrictions, it will be the first year in which cars that are not registered in Madrid before 2022 and do not have an environmental label will not be able to access the city center.
Taking advantage of the imminent entry into force, this January 1, 2024, of the Low Emission Zones (ZBE) in 149 municipalities with more than 50,000 inhabitants, the Organization of Consumers and Users proposes to modify the current environmental label system of the DGT in order to prioritize the real emissions of vehicles over engine technology, thus facilitating the entry into the ZBE of those cars that truly generate fewer emissions.
An OCU study reveals that the best-selling cars with a combustion engine and C label generate CO2 emissions during their life cycle that are similar or even lower than many of the Mild hybrid vehicles and some of the largest and most powerful hybrids, with Eco or Zero emissions labels, labels that facilitate access and parking at ZBEs. These are results obtained with the tool of the Green NCAP Consortium of which OCU is a part and which measures emissions throughout the life cycle of a car from its manufacturing, through its use and maintenance, to its recycling 16 years later having traveled 240,000 km over 16 years.
Given the application of the regulations, it is also advisable to have a guide on hand to know how to appeal if we consider that we have been unfairly fined for accessing one of the Low Emission Zones implemented.
File appeal
According to the Madrid City Council, if you are not satisfied with the sanctioning resolution of the file processed for the commission of an infraction of traffic regulations, you may file an appeal for reconsideration, of an optional nature, within a period of one month, counted from the day following notification of the sanctioning resolution.
The appeal for reconsideration will be studied and resolved. However, it will be deemed rejected if no express resolution is issued within a period of one month, expediting the contentious-administrative route.
Allegations regarding a sanctioning file can be presented within a period of 20 calendar days from the day following the delivery of the complaint at the time of the infraction, the receipt of the corresponding postal notification, or its publication on the Single Edictal Board, as the case may be. You can access and consult your files through www.madrid.es/micarpeta.
The information and processing office for traffic fines is located at Albarracín Street, 33 in Madrid, serving the public only by appointment, which can be requested at www.madrid.es/citapreviain person at the Citizen Service Offices, or by calling 010 (914 800 010 from outside the city of Madrid or by mobile phone).
Increased notifications
Additionally, according to Pyramid Consulting, Madrid City Council has intensified fine notifications throughout the city, including Plaza Elíptica. This has caused concern among drivers, especially with the increase in fines.
The fines have gone from 90 to 200 euros each, which is why this consultancy emphasizes the need to understand how to appeal them, after having detected problems such as the lack of preventive notifications, which “has led to a situation where drivers receive fines without prior notice, violating the Principle of Legitimate Trust,” they explain. They also consider that “the complexity in the drafting of the Ordinance and the lack of clarity have created legal uncertainty, which affects the citizens of Madrid in general.”
Likewise, they have detected problems with the current signage, which in some cases “is incorrect in the ZBEs of Madrid, including Plaza Elíptica, and is a key factor that we are addressing in our clients' resources,” according to Vicente Ynzenga, Head of the Legal Department. , who recommends appealing each of the fines received.
The Contentious Administrative Court number seven of Madrid has recently annulled a complaint made for accessing a Low Emissions Zone without permission. In this case it is because the Madrid City Council does not accredit the signage of the area that cannot be accessed. Therefore, the judge indicates that the photo in the administrative file does not prove the commission of the alleged infraction. Specifically, “it has not been proven that the street on which the vehicle was captured is within the low emissions zone,” explains Susana Sagra Álvarez, lawyer at Pyramid Consulting.
«It is true that a sign appears on the road, but it is not completely legible, and there is no evidence that it indicates the prohibition of entry without authorization. No map or street signage has been provided, despite the fact that it was requested by the plaintiff today, without the denial being provided or denied with reasons, “he adds.
For this type of complaint, the signage of the road on which one is traveling must include, among others, since, on the contrary, it would be a reason to appeal the complaint and even go to court to proceed with the annulment of the complaint. this.
«It is worth mentioning that, for these fines that we receive daily, another of the reasons that we clearly resort to at Pyramid Consulting is the violation of the Principle of Legitimate Trust, what does it consist of? It is a principle that governs the relations between citizens and the Administration. That is to say, it forces the relations between both to be framed within margins of predictability and legal security,” Sagra details.
On many occasions, a photograph is provided, but as the Judge has shown in his ruling, he states that this photograph does not prove the location of the violation,” concludes the lawyer.
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