What restrictions are still in effect? Do they still impose a fine?

Publication: Tuesday, May 11, 2021 3:27 PM

This is the end of one of the flagship measures promoted by Manuela Carmena. The Supreme Court has overthrown the center of Madrid and agrees with the current advice, that of the popular José Luis Martínez-Almeida. The High Court dismisses the last resort, presented by the environmentalists in action, and aligns with what was dictated by the TSJM, which overturned the municipal ordinance of 2018 for not having duly followed the procedures necessary for its preparation .

But be careful, because in real terms, everything remains the same. He will continue to be fined for months and the same restrictions will apply. This was explained by the consistory of Madrid itself. Madrid City Hall understands that the Low Emission Zone is still in effect for the time being and that fines that have already been communicated to the offender will not be returned.

This is explained by municipal sources who maintain that the fines already collected or, failing that, communicated to the person sanctioned (in total 1,393,000) are “firm acts”, and must therefore be paid. However, once the final suspension has been decreed, those which have not been communicated to the citizen will cease to be counted.

The Supreme Court rejected an appeal by environmentalists in action against the judgment of the Superior Court of Justice of Madrid (TSJM), of July 27, 2020, this decision therefore becomes final, but the Consistory maintains that the TSJM can give it a deadline up to two months to execute the sentence.

This is the period that the city council intends to take advantage of to approve its new ordinance on sustainable mobility, where it will regulate the low-emission zones of the city and thus avoid a legal vacuum. Until then, the cameras in central Madrid will continue to be on and the sanctions will continue to be dealt with, with all those communicated also becoming firm.

The mayor himself spoke after the court ruling. “As long as the sentence is not final, Madrid Central remains in force. There is nothing we can do about it. In the event that someone circulates in Madrid Central without the foreseen hypotheses, the municipal council will deal with the corresponding fine”, says Almeida.

He recognizes that they will have to “accelerate the deadlines” for the new ordinance on mobility to emerge and “thus apply the global principles of Madrid 360”. And he adds that it is “risky” to speak at this time about the amounts of the fines, but that “the legal services are studying all the scenarios”.

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