Not Renewing the ITV Could Result in Prison

Vehicles not having a valid ITV certificate are a seemingly increasing problem on the roads of Spain. The minimum-standard safety check is mandatory, and although it can differ for the type of vehicle, there are too many vehicle owners ignoring the requirements, a matter which, according to one body responsible for the test, could have fatal consequences and could lead to prison.

According to the latest data published by the Ministry of Industry, Commerce and Tourism, in 2022 alone (the last fully accounted for) up to 34 percent of vehicles that should have been submitted for mandatory inspection did not do so. This very high absenteeism rate has increased by no less than 27.5 percent in the last 5 years, becoming a serious problem that the DGT wants to tackle.

However, if it is not enough to know that it is an infraction that can generate a fine of between €200 and €500, in the latter case if you drive with a Negative result, and the AECA-ITV, the association that operates many ITV stations in Spain, wanted to warn anyone who does not show up for inspection that they may end up in jail and with criminal consequences.

The association warns that if you are unlucky and cause a road traffic incident as a result of having the vehicle in poor condition and without having completed the mandatory inspection, you could end up committing a crime that involves a prison sentence.

The association points out that going beyond not also having insurance coverage in the event of an incident, your lack of ITV invalidating your policy, and of course the appropriate fines, “the scenario may arise in which the cause of the incident was due to some failure in the vehicle’s operation, such as tyres in poor condition or worn brakes, with its driver being aware of these defects,” then it could render the vehicle owner liable and to blame.

If the incident also results in serious or immediate danger to the life or integrity of people, even causing death or relevant injuries, “you could be facing the commission of a criminal offence that may entail deprivation of the right to drive, a fine and even a prison sentence,” said Guillermo Magaz, managing director of AECA-ITV.

According to the latest Activity Report published by the Road Safety Prosecutor’s Office , in the last year analysed, which affects 2022, no less than 3,539 procedures were opened for this type of crime, typified in article 380 of the Penal Code, which makes reference to driving with manifest recklessness and endangering the life or integrity of people, which represents up to 128 percent more than the procedures that were carried out for this same reason in 2018.

Remember, in Spain, you are not allowed to drive a vehicle without a valid ITV in place, the only exception being new vehicles which have yet to reach maturity. There are no other exceptions.