The General Directorate of Traffic (DGT) has seen five of it’s speeding fines successfully challenged in court after their failure to apply the required margin of error to speed cameras, and the subsequent issue of speeding tickets.
According to Automovilistas Europeos Asociados (AEA), five new court rulings have seen speeding fines reduced to a third because the traffic authority did not apply they said in a statement.
In each of the cases, issued by the Contentious-Administrative Courts numbers 1, 21, 22 of Madrid; No. 2 of Vigo and No. 9 of Valencia, the DGT had imposed a fine of € 300 and the loss of 2 points on the driving licence. However, now, the courts consider that the maximum penalty to be imposed should only be 100 euros without the deduction of any points, “because the margin of error has not been considered when applying the fine”.
The motorists’ association cites numerous previous cases, and states that at the end of 2019 the Basque Government changed its criteria and began to apply the margin of error to all sanctions. In the case of fixed radars it is 5 kmh. (or 5% in measured over 100 kmh); 7 kmh. (or 7% for speeds over 100 kmh) recorded by mobile radars and 10% for radar fitted to the Pegasus helicopter.
The president of AEA, Mario Arnaldo, said “All these new court rulings further reinforce the complaint that our association has been making for more than 10 years regarding the illegality of millions of fines imposed for speeding.”
