MALAGA has stoped issuing fines for its Low Emission Zone from Wednesday after a court ruled that the current regulations cannot be used to punish drivers.
The Andalucian High Court of Justice has clarified that its decision cancels the section of Malaga’s Mobility Ordinance covering the Low Emission Zone.
The rest of the city’s traffic rules are not affected.
The legal challenge centred on a rule that penalised some cars and motorbikes because their owners paid vehicle tax outside Malaga city.
The court found that this could treat drivers unfairly and breach principles including equal treatment and freedom of movement.
Around 35,000 alleged offences have been processed so far. The city council must now review the cases one by one to decide how the ruling affects them.
Con Malaga, an opposition group, puts the number higher and says more than 46,000 people were fined over the past eight months. It criticised the council for not suspending the penalty system sooner.
The council has decided not to appeal to Spain’s Supreme Court. It will instead prepare new regulations and study how other cities have introduced their own low-emission zones. The process could take at least a year.
Malaga’s zone began operating with an initial period without fines. Penalties started on November 30 last year for certain vehicles without an environmental sticker if their owners paid vehicle tax outside the city.
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