The administrative sanctioning procedure on traffic, traffic of vehicles to engine and road safety matters : The due balance between specialities and common guarantees

Abstract

The own characteristics of the sanctions of traffic, specially its massive character and his fleeting and instantaneous character, justify the adoption of certain procedural specialties, since they can be the early completion of the procedure across the reduction of the quantity of the sanction and determined measures destined to improve the procedure or administrative officer and the exemplary nature of the sanctions that could be imposed. The Law 18/2009, of November 23, has introduced significant innovations in the sanctioning procedure of traffic, in search of a major administrative simplification and of a major efficiency of the Administration, as well as the supplementary character of the Law has underlined 30/1992, of November 26, with regard to these procedures. In any case, the procedural sanctioning specialties as for traffic should not suppose, nevertheless, a decrease or limitation of the common guarantees of the citizens before the public Administrations, but it must go away to a balance that makes compatible the specialties with the guarantees.