The judge orders the DGT to return the points deducted from the card when the Ministry of Finance cancels the penalty

General Administration for Transport (DGT) must return the points deducted from the driver’s license when the economic sanction resulting in the loss of the same is canceled by the State Treasury. This is how the organization Automovilistas Europeos Asociados (AEA) understands it, which is the shield in the recent judgment of the Civil Administrative Court number 2 in Burgos.

The court resolution, issued at the beginning of February and which Europa Press had access to, condemns the DGT to return the card and withdrawn points from the truck driver who was previously subject to the Regional Economic-Administrative Court of Castilla y León (depending on the Ministry of the Treasury) annulled the economic part of the traffic fines that were pronounced to him, considering that they were not properly informed, because they were sent to a different address than the address of the injured person.

Thus, the judgment claims that the District Economic and Administrative Court “can only deal with what it is responsible for”, that is, about the economic part of the sentence. However, in his verdict, the judge added that “if the state body considered that the notification in that file was not made correctly and that, therefore, it affected the very enforceability of the sanction, even though it could not actually decide on deducting points, it is estimated that They cannot take different routes, since the sanctions resolution is unique and it was impossible to understand the uninformed about one thing and yes about the other”.

“It would be against the constitutional principle of legal certainty for two bodies to hold [en este caso, por un lado la Jefatura de Tráfico y por otro el Tribunal Económico-Administrativo Regional] some facts existed, and at the same time they did not exist”, is qualified in the court decision.

In this regard, the drivers’ association regrets that, since the introduction of the driver’s license based on points in 2006, the DGT “systematically refused” to return the points “improperly confiscated” for “poorly processed and canceled fines of economic services of the Treasury” by not recognizing these bodies of the Administration “reviewing the powers of their sanctioning authority, which has caused irreparable damage to thousands of Spanish drivers”.

Thus the president of AEA, Mario Arnaldo, defended that “it cannot be” that the State Treasury cancels the economic part of the penalty, and the DGT nevertheless maintains the deduction of points. “This sentence represents a very important legal precedent (…) Based on this legal success achieved by our association If the fine is not properly reported, not only the economic part of the sanction must be annulled, but also the “small backpack of points” that accompanies itusing the words of Mr. Pera Navarro, who was the general director of traffic who initiated the permit by points,” added Arnaldo.

In this regard, the AEA indicated that, according to its data, last December the DGT annulled around 1.5 million disciplinary proceedings in Spain worth €106 million, “many of which could be affected by the recent court decision.