site.btaOmbudsman Alerts Constitutional Court over Vehicle Inspection Requirement Linked to Unpaid Fines

National Ombudsman Velislava Delcheva has alerted the Constitutional Court, seeking to have Article 147, paragraph 9a of the Road Traffic Act declared unconstitutional. Under the contested provision, a technical inspection of a motor vehicle may be carried out only if there are no fines owed by the vehicle’s owner, user, or the person presenting the vehicle for inspection.

According to Delcheva, this provision violates fundamental rights guaranteed by the Constitution, including the right to work, the right to property, and the right to free movement (Articles 4(1), 16, 17(1) and (3), 35(1), and 48(1)).

The Ombudsman emphasized that the new measure is disproportionate and unfair, as it prevents citizens from using their vehicles even when they are technically sound. In her view, the law does not protect the public interest but rather becomes a coercive tool, contradicting the principles of the rule of law.

“By introducing this provision, the state creates an artificial obstacle to the exercise of the right to property, unrelated to the legitimate purpose of technical inspections,” Delcheva said in her alert.

Delcheva also said that the rule has a direct impact on the right to work, particularly for people whose profession or daily activities require the use of a car.

According to the Ombudsman, the new provision punishes citizens not for endangering road safety, but because the state fails to collect fines effectively. Instead of using lawful enforcement mechanisms, it shifts the burden onto individuals by depriving them of the ability to use their vehicles legally – a measure she described as unjust, disproportionate, and contrary to the principles of the rule of law.