site.btaConstitutional Court Opens Case at Obmudsman's Request over Vehicle Inspection Requirement Being Linked to Unpaid Fines

The Constitutional Court on Friday said it opens a case at the request of National Ombudsman Velislava Delcheva over Article 147, paragraph 9a of the Road Traffic Act. 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)).

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.

Judge Nevin Feti is the rapporteur on the case, the Constitutional Court also said.

Delcheva referred Article 147, paragraph 9a of the Road Traffic Act to the Constitutional Court earlier on Friday. According to her, 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.