CARS with foreign number plates driving around Malaga’s low emission zone (ZBE) get a de-facto free pass from the rules thanks to a loophole in EU legislation, the local council has admitted.
Since late November, Malaga city council has enforced automatic fines of €200 for non-compliant vehicles driven by non-residents, with the levy forecast to bring in around €400,000 every year.
Although foreign vehicles are technically bound by the same restrictions as those registered in Spain, implementation varies thanks to a ‘European legal gap’.
Malaga’s ZBE relies on cameras that read number plates and cross-reference that information with the DGT database for emissions data, with the owners of polluting vehicles subsequently sent a fine in the post.
But current cross-border data systems with Spain’s European neighbours and countries further afield do not include information about the level of pollution released by each car.
That leaves local authorities without the necessary legal framework to pursue non-compliant foreign drivers, with municipal sources cited by Malaga Hoy admitting that enforcing fines ‘outside national borders is a legal chimera’.
The loophole has been criticised by the local Vox municipal group, who argue that it creates unequal treatment between Spanish residents and foreign residents – even if they drive similar polluting vehicles.
They accuse the city council of failing to prepare properly before implementing the system, adding that local officials should have worked with EU representatives to allow cross-border enforcement.
They also point to ZBEs in other cities – such as Bilbao or Palma de Mallorca – which have developed systems that enforce penalties against foreign vehicles.
The Costa del Sol capital began enforcing fines from November 30 last year after a full year of warnings and education.
Initially, fines will focus on cars and motorcycles without environmental stickers that are registered outside Malaga city.
Vans have been given a longer reprieve with a three-year grace period from the original implementation date, meaning commercial vehicles owners have more time to adapt to the new regulations.
Malaga residents who pay road tax in the provincial capital can continue using their older vehicles until they reach the end of their useful life, without being forced to purchase more environmentally friendly alternatives immediately.
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