Sport All cases and situations in which the DGT returns the driving license points
Sport As a result of a recent sentence, thousands of drivers will be able to appeal the retraction of the driving license points if the economic fine is annulled.
A sentence handed down by a Burgos Court can become an important legal precedent. And it is that, as a result of this ruling, thousands of drivers could recover the points of the driving license if the economic fine is annulled by the Treasury.
The opinion of the Contentious-Administrative Court No. 2 of Burgos in response to the appeal filed by Driver Advocacy Organization Legal Services, Associated European Motorists (AEA), condemns the DGT to return the license and the points improperly deducted from a trucker to which previously the regional economic-administrative Court of Castilla y León, a body dependent on the Ministry of Finance, he had annulled the economic part of the sanctions because they had not been correctly notified.
Sport The loss of points is linked to the fine
According to AEA, since the implementation of the point permit in 2006, “The DGT has systematically refused to return the points improperly deducted for poorly processed fines and annulled by the economic services of the Treasury, by not recognizing to these bodies of the Administration reviewing powers of their sanctioning competence, thereby causing irreparable damage to thousands of Spanish drivers”.
However, the ruling says that “It would be contrary to the constitutional principle of legal certainty for two State bodies (in this case, on the one hand, the Traffic Department and the regional economic-administrative court) some facts existed and at the same time did not exist.”
For the president of AEA, Mario Arnaldo, “The loss of points is linked to the fine like the shadow to the bodysince it cannot be that the Treasury annuls the economic part of the sanction because the fine has not been correctly notified and, nevertheless, Traffic maintains the deduction of points ”.
Sport Misreported fines
The case began due to the claim filed against some sanctions imposed by Traffic of which the affected motorist had never had any prior knowledge. Said fines, in addition to the economic sanction, entailed the loss of points, but Traffic refused at all times to return them and even initiated a procedure for the loss of validity of the driving licensedespite the fact that the economic part of the fines had been annulled as it was proven that the postal notifications that were made were addressed to an address that was not the one indicated by the interested party and, therefore, the notification of the fines made by the DGT through the official bulletins were not valid.
For the president of AEA, Mario Arnaldo, “this ruling means a very important legal precedent because it means dismantling the perverse argument that the DGT has used for more than a decade to not return the points for badly processed fines and consider that the same fact, such as a fine not being properly notified, exists for the Treasuryand for this reason the economic part of the sanction is annulled, but it does not exist for Traffic and the deduction of points is noted. From this legal success obtained by our Association, If a fine is not well notified, not only must the economic part of the sanction be annulled, but also the “little bag of points” that accompanies it, using the words of Mr. Pere Navarro, who was the general director of Traffic who launched the permit by points”.
Sport Repercussion in the criminal field
Arnaldo also wants to highlight the importance that the sentence will have in the criminal field and the patrimonial responsibility of the Public Administrations, “since by not returning the points of the fines that are wrongly notified, would be using to the detriment of motorists an unrealistic balance of pointswhich could cause irreparable damage to thousands of drivers by unfairly depriving them of their right to drive by declaring their driving license expired due to exhausting their balance of points, or even charge them with road safety crimes”.
“And as it is proven that in the Registry of Drivers and Offenders of the DGT the deduction of points for badly reported fines is illegally maintained – concludes Arnaldo – the Administration will have to compensate the citizens for this, whom it unfairly submits to a pilgrimage resources to defend their legitimate rights”.