On Compliance of Section of 43.2 of Road Traffic Law, Insofar it Affects the Rights of the Vehicle Owner in Administrative Violations Record-keeping, with Article 92 of the Satversme of the Republic of Latvia
Adjudicated
Inese Nikuļceva
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24.04.2014.
28.04.2014.
On Compliance of Section of 43.2 of Road Traffic Law, Insofar it Affects the Rights of the Vehicle Owner in Administrative Violations Record-keeping, with Article 92 of the Satversme of the Republic of Latvia
Case short name: The Penalty for Violating the Parking Rules
Constitutional Court held :
1. To recognise Section 432 of the Road Traffic Law, insofar it does not provide for the right to contest and appeal against a report-notification to a vehicle owner, who has not been the driver of the vehicle at the moment when parking rules were violated, as being incompatible with Article 92 of the Satversme of the Republic of Latvia.
2. To recognise Section 432 of the Road Traffic Law, insofar it does not provide for the right to contest and appeal against a report-notification to a vehicle owner, who has not been the driver of the vehicle at the moment when parking rules were violated, with respect to Inese Nikuļceva as being incompatible with Article 92 of the Satversme of the Republic of Latvia and invalid as of 1 December 2011.
3. To prescribe that until the moment, when the legislator has ensured compatibility of Section 432 of the Road Traffic Law, insofar it affects the rights of a vehicle owner in record-keeping regarding an administrative violation, with Article 92 of the Satversme of the Republic of Latvia, the fundamental rights of a vehicle owner, who has not been the driver of the vehicle at the moment when parking rules have been violated, established in this Article shall be ensured by granting to him the same right to contest and appeal against the report-notification as the one envisaged for the driver of the vehicle.
