Malaga suspends low-emission zone fines after legal dispute

Malaga Council has suspended fines for entering its Low Emission Zone (ZBE), according to a report published by COPE radio news on Tuesday, October 13.

The reported move follows a court ruling that found part of the city’s system for penalising vehicles entering the restricted area to be discriminatory. The decision could affect motorists travelling into Malaga from surrounding towns and other parts of the province, particularly drivers of older cars without an environmental sticker.

What drivers will be delighted to know

• Fines suspended: COPE reports that Malaga Council has stopped issuing penalties under its Low Emission Zone system.
• Legal dispute: The Andalucian High Court (TSJA) ruled in June that the council could not discriminate between vehicles registered in Malaga and equivalent vehicles registered elsewhere.
• 46,562 penalties: By the end of July, the council had recorded 46,562 reports or proposed penalties linked to the scheme, according to figures reported by Cadena SER.
• €200 standard fine: The penalty for an infringement was €200, potentially reduced to €100 for prompt payment under the applicable rules.
• Existing fines uncertain: The reported suspension does not automatically mean previous penalties have been cancelled or that motorists are entitled to refunds.
• Restrictions may still apply: Drivers should not assume the entire Low Emission Zone has been abolished.

Why Malaga’s Low Emission Zone is in trouble

Malaga introduced its Low Emission Zone to restrict the most polluting vehicles in a central area covering approximately 404 hectares. Fines began in December 2025 for cars and motorcycles without an environmental sticker that were registered outside Malaga. Vehicles registered in the city were treated differently under the original rules.

In June 2026, the TSJA partially overturned the relevant provisions after finding that this distinction was discriminatory. The court did not abolish the entire Low Emission Zone. The council subsequently sought clarification from the court. On October 1, Cadena SER reported that penalties were still being processed while the legal uncertainty continued.

The latest suspension reported by COPE would therefore represent a change in how the council enforces the scheme.

What happens to drivers now?

The main questions are whether the suspension took effect immediately, which vehicles it covers and what happens to penalties already issued. In any case, Malaga council will be facing some difficult questions.

Drivers who have received fines should check their individual cases rather than assume that the amounts have been cancelled. Anyone planning to drive into the restricted area should also consult the council’s latest instructions before travelling.

Malaga’s Low Emission Zone remains described in the council’s published rules, which set out restrictions according to vehicles’ environmental classifications and registration details. The council’s official information is available on its Low Emission Zone website.