Malaga politicians propose a way of fining foreign cars that enter city’s low emissions zone.

The Popular Party (PP), in Malaga Council, has introduced a formal motion urging Spain’s central government to close a loophole which currently allows vehicles with foreign plates to enter the Low Emission Zones without being subject to enforceable fines.

The motion. presented The “significant problem” that affects the effectiveness of the environmental zones in Spanish cities is discussed ahead of the plenary session of January: the inability of the authorities to collect and identify fines correctly from drivers of cars registered outside Spain.

There is a “legal vacuum” on the national level

Malaga is equipped with the necessary technical infrastructure to detect illegal entry, but it explains that this obstacle is strictly legal. Local councils in Spain rely on EU Directive 2015/413 The exchange of traffic data across borders.

This directive, however, operates on the basis of a closed catalogue. This means that member states can only share data on drivers for certain violations such as speeding and jumping red lights. Low-emission restrictions are not included in this. It is not a failure of local regulations or technical systems that prevent these fines from being enforced, but a state law limitation.

The solution proposed

PP points Directive (EU) 2024/3237The new law, which was approved in December 20, expands the information exchange by including violations of LEZs. The Spanish government still has until July 20, 2027 to implement this directive.

Malaga council is asking the central government to speed up the legislation so that:

• Automatic Identification The councils now have the legal power to identify foreign ownership immediately.
• Executive Collection Local authorities can enforce payment of non-residents. This process is currently restricted by the Law Regulating Local Finance.

Stopping “discrimination against local residents

The PP-led Council has criticized the central government for forcing local councils to implement low emission zones without providing them with the tools necessary to manage them fairly. They argue the current system creates a “clear discrimination” against Spanish drivers, who are held accountable for their emissions while foreign tourists and residents can bypass the rules with impunity – and Malaga has a lot more foreign cars than many other towns.

“The government imposed the obligation to establish ZBEs to reduce pollution, but left ‘loose ends’ regarding foreign vehicles,” the party stated. “This causes inequalities that must be rectified immediately.”

The motion urges urgent legislative initiatives so that environmental regulations are applied equally to all vehicles on the road regardless of their license plate country. No one is sure when the fines on foreign-registered vehicles will come into effect, but they are expected to be soon.