Malaga's Low Emission Zone fines soar to 35,000 amid legal wrangling

The Low Emission Zone (ZBE) has issued a total of 35,257 fines since its launch a few months ago despite the legal uncertainty it's facing.

The fine is 200 euros or 100 euros for prompt payment. It does not result in penalty points deducted from the driving licence.

Currently, only cars and motorcycles without an environmental sticker that come from outside the city and pay their vehicle tax (IVTM) in another municipality receive fines.

From 30 November this year, the ban will extend to cars with a B sticker, although this is now uncertain.

It is precisely this distinction between local and non-local vehicles that has generated the current legal confusion.

The ruling by the High Court of Justice of Andalucía (TSJA), which partially annuls the Low Emission Zone (ZBE) on the grounds that vehicles from outside Malaga should not be penalised, was the centre of the debate at last Thursday's local ruling team meeting.

The representatives of the Vox and Con Málaga groups submitted separate motions, calling for an immediate halt to sanctions, citing public interest harm.

According to Mayor Francisco de la Torre, fines cannot legally be suspended until the legal proceedings are resolved or, if no appeal is filed, until the text of the regulation is amended.

The TSJA's ruling stems from an appeal Vox had filed. It is not yet final and the city council is studying the possibility of appealing to the Supreme Court.

The TSJA ruling does not question the measure, its processing or environmental validity, but it does delve into the violation of principles such as free movement, the free market and equality.

The sense of uncertainty is escalating. It is highly likely that the city council will have to refund all these fines, which keep accumulating. What seems certain is that the regulation will have to be amended to also penalise cars and motorcycles in the city of Malaga, which the city council was not planning on doing initially.

The local traffic department had opted to allow Malaga residents to use their vehicles until they reached the end of their useful life.

Toni Morillas from the Con Málaga municipal group has repeatedly called for the suspension of the penalty regime. The enforcement activity, which peaked in December and March, could have generated between 3.5 million and seven million euros in fines for Malaga city counil. She has demanded that the council use this money entirely to fund pending sustainable mobility projects in the city.

She also warned that the TSJA ruling opens a period of legal uncertainty that could trigger a wave of claims from those affected.

"De la Torre promised in his 2023 programme the creation of 5,000 park-and-ride spaces. Not a single one has been built," she said. She therefore called for the suspension of fines and for the money already collected to be used to build the park-and-ride network at the eastern, northern and western access points to the city, as well as to renew the EMT bus fleet in order to improve public transport connections.

Fear of penalties has already removed around 25,000 cars per day from the central restricted zone, according to official traffic data.

According to figures Con Málaga has obtained through official responses, authorities issued 11,712 penalty notices in just over two months up to 1 February. Since then, the police have initiated a further 23,745 cases. These cases then go to the municipal tax management body, Gestrisam, which formally issues the fines.

On average, the city issues around 1,400 fines per week, with a peak of 1,652 on 9 February.

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