Parking a car without an MOT is not punishable by law.
The Contentious-Administrative Court No. 33 of Madrid has issued a recent ruling in which it points out that the obligation to pass the Technical Inspection of Vehicles is of a general nature for all registered vehicles, but only those that are circulating without having passed it can be sanctioned.Thus, in the ruling, the judge annulled a fine of 200 euros imposed on a vehicle for not having passed the MOT, because it was not in circulation and was imposed while the vehicle was parked on the public road, and therefore understands that the principle of typicality was infringed with the imposition of the fine.Article 76 o) of Royal Legislative Decree 6/2015, of 30 October, which approves the revised text of the Law on Traffic, Circulation of Motor Vehicles and Road Safety (LSV), provides as a serious offence "driving a vehicle that does not comply with the technical conditions established by regulations and infringements relating to the rules governing the technical inspection of vehicles", i.e. it punishes the action of driving, but not the mere failure to submit the vehicle to the MOT on a regular basis.Article 10.1 of the General Vehicle Regulations, although it imposes the obligation of periodic inspection, is just that, the imposition of an obligation, but without any infringing conduct, and the consequences and liability that may be incurred by those who contravene the duty imposed are outside the scope of the precept.
In Noticias Jurídicas, it is also highlighted that the Court understands that the obligation to pass the Technical Inspection of Vehicles is of a general nature for all registered vehicles, but only those that have not passed it and are circulating can be sanctioned.
