Portal de Cartagena
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According to Councilman José López, "denounce that a system is used without standardization and arguably entitled to punish"
Cartagena Citizens Movement (MC), after the results of a report commissioned from the legal services of the party on the legality of the camera system puts `multas' and sanctions, announced that if he agrees to suppress the majority trust Cartagena in the upcoming municipal elections, claiming that cameras do not have any metrological control to meet public safety and public order, and there is a clear tax collection effort.
And is that because of the numerous citizen complaints that led to that last July the Cartagena political party raised a motion to Full Council on this issue, the law firm of MC has produced a report that casts dark shadows over the legality of these penalties, and make clear the argument or excuse of 'increased safety' alleged by the local government, there is a clear understanding that tax collection effort in this system implemented in several cities in Spain.
Regarding the legality of the camera system and penalties, note that was Councilman Mariano García Asensio himself, who answered the motion by MC on this issue, arguing that, under Article 3.2 of RD 889/2006 of July 21, there is no regulation that specifies that the cameras have to wear metrological control to meet public safety and public order.
However, it is Article 70.2 of RD 339/1990 of 2 March, revised and in force since 2014, which so specified, in terms of traffic: Instruments, equipment or means and systems as they are used for file complaints for violations of traffic regulations shall be subject to metrological control under the terms established by Laley 3/1985, of March 18, Metrology and its implementing regulations.
According to the mayor of MC, José López, "we understand that Councilman Mariano García is hiding behind a loophole course to legitimize its actions with some devices not approved. However, we stick to the law, which specifies clearly that no system metrological, the competent authority, in this case the local police in Cartagena, can not punish attending to other evidence to cast images of said chambers ".
He adds that "the local government becomes, again, to walk the edge of legality, since its foundation, we understand, violates the doctrinal principle of specification of the Act, which states that the special rule prevails over the general rule . In our case, the rule prohibiting punishment on trafficking is specific and of equal rank to the general, so it should prevail Article 70.2 of RD 339/1990. And it had to meet several judgments, which cancel fines, to understand that they have been materialized through some not suitable for testing in a clear and accurate manner infringement "instruments.
Specifically, the sentences to which MC refer are: the Court of Administrative Litigation No. 23 of Madrid.
It is the fourth sentence in just two months into question an identical system to the implanted in Cartagena.
Cities like San Sebastián have already decided to suspend its operation until not clarified the issue by legislative or judicial means.
Other judgments include the Court of the Contentious-Administrativon ° 34De Madrid and the Courts n ° 10 and 25 in Madrid.
Some even condemned to pay the costs to the City of Madrid.
In all of them the sanction was annulled, both the monetary amount as the loss of points.
CLARO collection effort
For Lopez, this topic is no clear tax collection effort because "the system chosen to process the penalty is a notification without accompanying exhibit, ie photograph of the violation, and give a period of 30 days to pay the amount and thus achieving a 50% reduction in the penalty. Thus, the citizen is in a situation of uncertainty, since the task of access to the file to see the evidence as it is complicated. "
As is apparent from the aforementioned report, in case of disagreement, a citizen may appeal the penalty for ordinary proceedings before the same issuing body within 30 days from the day following the notification.
However, this also implies the loss of the bonus.
Moreover, if the Administration does not consider this remedy, shall be the Contentious-administrative, with court fees to be paid by the injured and amounting to 200 euros, despite the low amount-under appeal, unless the Administration has ignored Inactivity his petition of appeal, which is understood as negative silence, within 30 days.
In the latter case access to justice will be free.
MC wants to also report that is not facilitating communication with the agency issuing the sanction, in order to clarify any questions, complaints or requests for information.
For Lopez, "according to declare some of those affected by this situation, contact number enclosed in the notification is incorrect or nonexistent. What do you play this local government with citizens?"
MC recommends that if the city decides to appeal to the Administrative Disputes, do so after one month after the filing of the administrative appeal.
Thus, if the administration has not responded, shall have access to justice exempt from the fee.
"The Cartagena should know that we are at your side. Therefore will provide all this information to anyone interested who wants to appeal the sanction or simply informed of the matter," concludes López.
Source: Movimiento Ciudadano
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